Am I eligible for gratuity? I joined the company on 25/04/2008 and resigned, getting relieved on 15/03/2013. The balance leave (EL - 73) was adjusted against the notice period. Could you please confirm whether I am eligible for gratuity?
According to me, you are not eligible for gratuity as per the POG Act since you have not completed 5 years of service. However, if you are in the jurisdiction of Chennai HC, you can claim the gratuity by quoting a judgment by Chennai HC in Mettur Beardsell.
Considering that he has 73 days of leave adjusted against the notice period, and he has less than a month to complete 5 years, do you not think he will be considered to have worked 5 years? Of course, it would have been wiser to resign after having completed 5 years.
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