Hi guys, I have worked for a PSU in India for 4 years and 9 months and have recently resigned to move to a private firm (currently serving my notice period). I am aware of a Supreme Court ruling that states the eligibility for gratuity is 4 years and 6 months of continuous employment for a company that operates five days a week. My HR department is not agreeing to release my gratuity, citing that they aren't aware of any such ruling. Can someone here help me and tell me if I am eligible for the gratuity? If yes, how can I go about getting it released from my employer?
Thanks and Regards,
MM
From India, Mumbai
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Thanks and Regards,
MM
From India, Mumbai
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Dear Friend,
You are advised as follows:
Please go through the various discussions on this forum on the same subject and come to your conclusions. If you determine that you are eligible for Gratuity, convince your management. If your management does not agree, take legal action against the management to obtain Gratuity.
Please do not forget to report the outcome of your matter in this thread for the benefit of everyone.
From India, Mumbai
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2584You are advised as follows:
Please go through the various discussions on this forum on the same subject and come to your conclusions. If you determine that you are eligible for Gratuity, convince your management. If your management does not agree, take legal action against the management to obtain Gratuity.
Please do not forget to report the outcome of your matter in this thread for the benefit of everyone.
From India, Mumbai
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Dear Nathrao ji,
Even if there is an incident of paying Gratuity for 4 years and 9 months of service by any company in Chennai or Kerala, it does not necessarily mean there is a law requiring it. I stand by my opinion until there is a verdict from the respective court. A company can choose to pay more than what the law mandates.
From India, Mumbai
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Even if there is an incident of paying Gratuity for 4 years and 9 months of service by any company in Chennai or Kerala, it does not necessarily mean there is a law requiring it. I stand by my opinion until there is a verdict from the respective court. A company can choose to pay more than what the law mandates.
From India, Mumbai
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Dear Keshavji,
I do agree that the mere voluntary act of payment of gratuity to an exiting employee with 4 years and 9 months of service does not make it a law or compulsion for other employers to follow suit. My only point is that this topic has been argued several times in various threads, but as I said, nobody is bringing up the case of an exiting employee receiving gratuity with 4 years and 9 months of service.
From India, Pune
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I do agree that the mere voluntary act of payment of gratuity to an exiting employee with 4 years and 9 months of service does not make it a law or compulsion for other employers to follow suit. My only point is that this topic has been argued several times in various threads, but as I said, nobody is bringing up the case of an exiting employee receiving gratuity with 4 years and 9 months of service.
From India, Pune
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Supreme Court of India.Employmen t & Reinstatement.d ocx
Supreme Court Decision on Gratuity Act 1972.pdf