My friend joined a company on 15th Nov. 2006 and his last working day was 7th Sep 2011 there. Is he entitled to gratuity?
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Yes, he is entitled to gratuity as per the Madras High Court judgement in Mettur Beardsell matter. He has completed more than 4 years 240 days service, so it entitles payment of gratuity.
From India, Mumbai
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1593From India, Mumbai
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Dear Mr. Pem,
Even if the employee is eligible for the payment of gratuity as informed by the Honorable Member of KKIHR, the claim will be rejected solely on the ground that the claim was not submitted within 3 years. There is no point in debating about an employee who quit his job in 2011, in 2023. Please make good use of this forum with realistic questions.
Please find attached herewith Judgment-M_S_Karnataka_Tv_Accessories_vs_Smt_J_H_Vanishri_o n_10_June_2019 for your perusal.
From India, New Delhi
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Even if the employee is eligible for the payment of gratuity as informed by the Honorable Member of KKIHR, the claim will be rejected solely on the ground that the claim was not submitted within 3 years. There is no point in debating about an employee who quit his job in 2011, in 2023. Please make good use of this forum with realistic questions.
Please find attached herewith Judgment-M_S_Karnataka_Tv_Accessories_vs_Smt_J_H_Vanishri_o n_10_June_2019 for your perusal.
From India, New Delhi
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Limitation in Applying for Gratuity
On the point of limitation in applying for gratuity, the Payment of Gratuity Act (PGA) 1972 has not set any limitation. The important point is that it is the employer's responsibility to pay the gratuity on its own; it does not require the employee to apply for or produce any 'No Demand Certificate'. Indeed, the law contemplates the payment of interest for any payment delayed beyond a month. In the referred judgment, the claim of the employee was rejected as, firstly, the Act was not at all applicable.
From India, Mumbai
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On the point of limitation in applying for gratuity, the Payment of Gratuity Act (PGA) 1972 has not set any limitation. The important point is that it is the employer's responsibility to pay the gratuity on its own; it does not require the employee to apply for or produce any 'No Demand Certificate'. Indeed, the law contemplates the payment of interest for any payment delayed beyond a month. In the referred judgment, the claim of the employee was rejected as, firstly, the Act was not at all applicable.
From India, Mumbai
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SBT Vs Asst. Labour Commissioner- Gratuity dismissed employee-LTS.PD F
FORM I(Application for Gratuity by an employee).doc