Gratuity Eligibility for 4 Year 11 months and legal actions which i can take.

I have resigned from my company. I have worked for the company for 4 years 11 month( including notice period). I am concerned about my Gratuity Payment. My employer says Gratuity is paid to someone on completion of 5 years of service. Am i eligible for Gratuity payment ? If yes then what documents can i show to my HR to support the eligibility and what are other legal option available to claim my support.
eagerly waiting for a reply.
Thanks

Hey you need to go through the company policy if they have written anything specifically about gratuity.Take a legal advice from someone working in labour court. Ideally it is 4 years and 240 days as per the laws but companies do find out ways to skip of the law. As suggested by one of my friend who is a lawyer it is better to get fnf and then go for legal action against non payment of gratuity. But before that take advice from lawyer.
All the best

Dear

Please go through the judgment of Madras high Court in case of Mettur Beardsell Ltd., Madras vs. Regional labour Commissioner, Madras 1998 LLR 1072 where it has been held that an employee rendering continuous service for a period of 240 days in a year i.e. the fifth year, will be deemed to have continued in service for one year as stipulated by S. 2A of PGA, 1972. Please also go through the judgment of Kerala High Court in Sreeja vs. Regional Joint Labour Commissioner 2015 LLR 826 where it has been held that by a deeming provision, the Act provides for the services in any 12 months of afive year period to be treated as continuous service, if the employee has more than 240 days of services.

You can send them application asking for payment of gratuity by attaching these judgments.

Thus as per law you are entitled for gratuity.

S. Sensharma

Industrial Law Consultant, Meerut

There is no SC order on this issue.Only some HC have decided so .If you are working in the state whose HC has given an order that four years and 240 days constitute five years for eligibility to gratuity ,then you claim it.In company working for 5 days a week instead of 240,190 days is enough for one year continuous service.

Hi,
The above comments given my by mr varghese mathew are true. Till SC doesn't give any judgement then it is 5 years only
Regards
Harpreet Walia

I agree that there is no Supreme Court judgment and the High Court can take a different view than taken by Madras/ Kerala High Court but then you can definitely apply the analogy of these judgments in arguing your matter or submitting claim. In any case the judgments form other High Courts are relied upon while arguing matters.
S. Sensharma
Industrial Law Consultant, Meerut