Eligibility For Payment Of Gratuity - Eligibilty For Gratuity

Dear All,

I have learned through sources that, according to a judgment from the Supreme Court of India, any employee who has completed 4 years and 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 allows the payment of gratuity after completion of 4 years and 8 months of service, please let me know.

Dear Nilesh,

I think you are right; the criteria are the same.

Dear Sanjay,

Thanks for sharing the act with us. However, the link provided by you is not opening. Could you please have another look at it and resend it to us?

Regards,
Amith R.

Hi,

The correct site address is Vakilno1.com - India Law, Online Legal Advice, Legal Documents, Legal News.

Regards,
Pradeepan

Dear all,

My name is Manish Agarwal, and I have completed 4 years and 10 months in the company. Am I eligible for gratuity?

Regards,
Manish

Dear Nilesh,

There is no judgment of the Supreme Court in this regard, and the Madras High Court has given judgment in one case. Even if the Supreme Court gives judgment, the eligibility clause will remain 5 years, and that judgment will be effective for that particular case. We have to see what the act says, and it is clearly mentioned in the act that 5 years is a must to become eligible for gratuity. By the judgment of any court, if the act is not amended, then the act will prevail, and the judgment is applicable to that case only.

Regards,

Nilesh

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 the 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