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Dear Seniors,
I am working in infrastructure since 21/08/2006. I have resigned from the company & my last working day is 30/04/2011. I have availed 2 times maternity benefit. In first issue i have extended maternity leave by one month and after adjusting leaves i have been put on loss of pay for 11.5 days. In second issue, i was on loss of pay for 30 days i.e. 1 month.
Since i have completed 4 years 8 months of service, whether iam eligible for gratuity. Are loss of pays considered while calculating service for payment of gratuity.
Please clarify.
Thanks & Regards,
Vijaya

From India, Hyderabad
Dear Vijaya, Please find the attachment, this may help you to clear your doubt.
From India, Bangalore
Attached Files (Download Requires Membership)
File Type: pdf Gratuity - Madras HC judg1 .pdf (1.55 MB, 112 views)

Dear Mr. Bhagwan,
Thank you for your reply. But my ex-employer is saying that they need not pay gratuity just based on this judgement becoz it is only given based on particular case and moreover it is nowhere mentioned in the Act.
They are rejecting for the payment.
Please guide me in this regard.
Thanks & Regards,
Vijaya

From India, Hyderabad
Hi Vijaya, Loss of pay days will have bearing on your gratuity calculation/eligibility as per Gratuity Act. Judgement can not be shown as conclusive and it is related to a particular case. pon
From India, Lucknow
Dear Ms.Vijaya
If you post the actual number of days worked, number of days you were on leave with wages, the number of days you were on leave on loss of pay for each year starting from the date of your joining I may be of help to you to assess your eligibility for gratuity

From India, Madras
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