Eligibility For Payment Of Gratuity - Eligibilty For Gratuity

Dear All,
I have learnt through sources that according to a judgement from the Supreme Court of India, any employee who has completed 4 years 8 months of service (in other words has completed 240 days in the 4th year) is eligible for payment of gratuity.
Is this true? If yes is there any documentation to this effect.
Regards
Nilesh

If any legal provision or case law is there which allows the payment of gratuity after completion of 4 years and 8 months service, plz let me know

Dear Nilesh,
I think you are right the criteria is the same.
Dear Sanjay,

Thanks for sharing the act with us. But the link provided by you is not opening can you have a relook at that and send us the same again.
Regards
Amith R.

hi
the correct site address is Vakilno1.com - India Law, Online Legal Advice, Legal Documents, Legal News
regds
Pradeepan

dear all
my self manish agarwal, i have completed 4 years and 10 months in the company, may i eligiby for graguity
regards
manish

dear nilesh
there is no judgement of supreme court in this regard and madras high court has given judgement in one case.
Even if supreme court gives judgement than also eligiblity clause will remain 5 years and that judgement will be effective for particular case.
we have to see what act says and it is clearly mentioned in act that 5 years is must to become eligible for gratuity.
By the judgement of any court if act is not amended than act will prevail
and judgement is applicable to that case only.
regards

Hello,
I have been working with a company for the last 5 1/2 years. I started in India for the first 2 years and got "transferred" to the USA for the same group for the past 3.5 years. During my transfer, I was told that my service in the USA will be considered as a "continuity" of service for the group and I was given a letter mentioning the same.
I am planning to quit from USA and would like to know if I am eligible for Gratuity since I was a transfer employee assigned to work in the USA and I have completed 5 years??? If yes, then the company should calculate my last drawn USA pay for this calculation right??
Please help me understand.
Thanks,
Vee