Hi, For gratuity 240 days to b completed in the last fifth year, i.e. if any employee has worked 4 year 240 days in organisation then the are entitled for the avaling Gratuity.
From India, Delhi
4From India, Delhi
I have a unique case. Joining Date: 22nd May 2004 Planned Last Working Day: 8th May 2009 In this case is the person eligible for receiving gratuity
Dear
According to the strict preposition of the Payment of Gratuity Act, 1972 ,you are also sailing in the same boat. We have heard that one of the Hon'ble H C have given a judgement to the effect that if any employee works for 240 days & above during the fifth year then that employee will also become eligible for receiving gratuity amount but without going through that judgement no one can advised you to file a claim case before the Controlling Authority under the Payment of Gratuity Act,1972. Due to this hearsay we are facing these types of expectations in the field.
Regards,
R.N.Khola
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
According to the strict preposition of the Payment of Gratuity Act, 1972 ,you are also sailing in the same boat. We have heard that one of the Hon'ble H C have given a judgement to the effect that if any employee works for 240 days & above during the fifth year then that employee will also become eligible for receiving gratuity amount but without going through that judgement no one can advised you to file a claim case before the Controlling Authority under the Payment of Gratuity Act,1972. Due to this hearsay we are facing these types of expectations in the field.
Regards,
R.N.Khola
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
Sir, I am also having same problem as one of our employee has worked for 4 Yrs. 09 Months and 20 days in our organisation. Regards, Kuldeep Kaushik 09896991465
From India, Delhi
From India, Delhi
DearKuldeep,
Strictly according to the P G Act, 1972 the employee is not entitled to gratuity payment as he have not completed five years of service but the Hon’ble Madras HC in the case of Mettur Beard Sell Ltd Versus RLC has decided the same type of issue. It was held that any employee who completes 240 days of service in a year in the 5th year will be deemed to have continued in service for one year as stipulated by sec. 2A of the Payment of Gratuity Act. It was held that an employee who has put in his services for 10 months and 18 days for the 5 year subsequent to first 4 years should be deemed to have completed, continued service of 5 years and is entitled for gratuity. Therefore go through the judgement & discuss the matter with your management & take decision accordingly at your level.1998 LLR 1072 Mad H.C.
Regards,
R.N.Khola
From India, Delhi
Strictly according to the P G Act, 1972 the employee is not entitled to gratuity payment as he have not completed five years of service but the Hon’ble Madras HC in the case of Mettur Beard Sell Ltd Versus RLC has decided the same type of issue. It was held that any employee who completes 240 days of service in a year in the 5th year will be deemed to have continued in service for one year as stipulated by sec. 2A of the Payment of Gratuity Act. It was held that an employee who has put in his services for 10 months and 18 days for the 5 year subsequent to first 4 years should be deemed to have completed, continued service of 5 years and is entitled for gratuity. Therefore go through the judgement & discuss the matter with your management & take decision accordingly at your level.1998 LLR 1072 Mad H.C.
Regards,
R.N.Khola
From India, Delhi
Dear Ishmeet , If this Act is applicable to your unit then you are eligible to have gratuity payment considering service as 6 years. R.N.Khola
From India, Delhi
From India, Delhi
Hi, I would like to ask the minimum years or days where an employee eligible for Gratuity. I have done 4 years, 10 months and 15 days. Am I eligible for gratuity? Some review says 4yrs 8 month and 20 days, some review says days 240 days after 4 yrs. Do we have any document which support. I have spoken with company HR / Finance, they are saying I am not eligible although I have completed 4 yrs 10 month and 15 days. Please help urgently
From United Kingdom, Saint Helens
From United Kingdom, Saint Helens
Dear Member,
Then go through judgement of hon'ble Madras HC & then decide whether you want to file a claim case for payment of gratuity before the Authority Under the PG Act of your area. You can have the copy of this judgement in similar topics appearing on the right side of this thread itself.
Regards,
R.N.Khola
From India, Delhi
Then go through judgement of hon'ble Madras HC & then decide whether you want to file a claim case for payment of gratuity before the Authority Under the PG Act of your area. You can have the copy of this judgement in similar topics appearing on the right side of this thread itself.
Regards,
R.N.Khola
From India, Delhi
Yes you are elegible for gratiuty for your reference pl study madras high court decision on this issue. I also attach file for your ref. Thx & regards tarun arora
From India, Chandigarh
From India, Chandigarh
I am working for a Private Firm and will be completing 4 years 10 months. I come across various people telling me that serving 5 years is mandatory as per Gratuity Act and any deviation needs to be settled only through court as there are citings of judgement stating 240 days (8 months) in the 5th year is eligible for Gratuity.. Is this true?? or is there any other way to get my Gratuity for short of 2 months..
From India, Mumbai
From India, Mumbai
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Madras HC judg regarding gratuity is applicable if workmen is working 4 years 240 days..pdf