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?
From India, Bangalore
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From India, Bangalore
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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.
From India, Mumbai
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2584From India, Mumbai
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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.
From India, Mumbai
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From India, Mumbai
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Gratuity-Contin uous Service-countin g broken period with same employer-Madras HC Judgment.docx
Less than 5 years service - Eligibility for payment of gratuity.pdf
Notice period.jpg