r_m718@yahoo.com
yes you have to pay the gratuity to the employee if he has completed 4 years & 240 days .
From India, New Delhi
shona2
Madras Court case in this regards gave decision that after 4year 240 day gratuity will be applicable
From India, Vijayawada
NEEL KADAM
1

Dear All
I think if any employee complete his/her service continuously in one industry for the minimum period of 4 years 280 days, then they will be liable for gratuuty.
But incase of pvt company & the co used outsourcing then on the willingness of company contractor should pay gratuity.
Thanks
Regards
Nilesh

From India, Mumbai
karunakaran24
58

Dear Team, It will applicable for only for TN not for other states.
From India, Bangalore
kamalkantps
314

Dear Karunakaran,
Applicability is different yes the Madras high court judgement has got binding effect on Tamil Nadu but it has got persuasive value for other states as well. If the judge finds the facts of the case to be similar and the reasoning given by Madras High Court to be acceptable he may decide the case on the bases of that.

From India, New Delhi
avinash kumar kaushal
1

unfotunately, though I have completed 4 years and 240 days, the company is not paying gratuity. Any body can guide me what to do now?
From India, Pune
kamalkantps
314

Dear Avinash,
Please move an application before Labour Commissioner. They are the Authority under Payment of Gratuity Act. They will issue summons to your company and they will help you getting your Gratuity.

From India, New Delhi
dixonjose02
118

I agree with Mr.Kutty.
For counting 5 years, pls check these 2 conditions :
1. The difference between Last working date & date of joining should be 5 calendar yrs or more, AND
2. In all these 5 yrs, one should have completed 240 or 190 days as the case may be, else it would be treated as break in service, excluding certain conditions like lock out, legal strike, absence due to work related accident, etc
If both the above conditions are met, than one would be eligible for gratuity.
Rgds
Dixon
Tata Trent
Pune

From India, Mumbai
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