Hi,
I am working in IT industry and I work 5 days a week.
My date of joining organisation : 26.02.2007
My Last working day in organisation : 25.09.2011
Since I am not completing 5 years, my company is not willing to pay gratuity amount due to me. As I have gone through different websites,I found a person who has worked 4 years 240 days becomes eligible for gratuity payment, though I didn\'t find any supporting clause or section. If this is true then I believe I am eligible for gratuity payment.
Can I request your expertise here as I have no knowledge on subject? Am I eligible or not? If yes, can you provide some suporting doc which I can forward to my company so as they pay my gratuity amount.
Many thanks in adavnce.
Regards,
Rajkumar
From India, Bangalore
I am working in IT industry and I work 5 days a week.
My date of joining organisation : 26.02.2007
My Last working day in organisation : 25.09.2011
Since I am not completing 5 years, my company is not willing to pay gratuity amount due to me. As I have gone through different websites,I found a person who has worked 4 years 240 days becomes eligible for gratuity payment, though I didn\'t find any supporting clause or section. If this is true then I believe I am eligible for gratuity payment.
Can I request your expertise here as I have no knowledge on subject? Am I eligible or not? If yes, can you provide some suporting doc which I can forward to my company so as they pay my gratuity amount.
Many thanks in adavnce.
Regards,
Rajkumar
From India, Bangalore
There are a few court verdicts allowing gratuity to those who have not completed 5 years but have completed 240 days in the fifth year and all these are based on the situations of each case. In the absence of any amendment to the Payment of Gratuity Act, a generalisation is not possible. Therefore, you are not entitled to gratuity as per law.
Regards,
Madhu.T.K
From India, Kannur
4249Regards,
Madhu.T.K
From India, Kannur
Dear Mr.Rajkumar
In one of the cases that came before it the Madras High Court has held that if an employee had worked for 4 years and 240 days with an employer he is eligible for gratuity and that he need not have worked for 5 years. You have not stated the State in which you are employed If you are employed in Tamilnadu, then based on this judgment you can claim gratuity from your employer. However if you are not employed in Tamilnadu then the above judgment will not be applicable to you. The Payment of Gratuity Act requires you to work for five years with an employer to become eligible to get gratuity from him.
With regards
From India, Madras
In one of the cases that came before it the Madras High Court has held that if an employee had worked for 4 years and 240 days with an employer he is eligible for gratuity and that he need not have worked for 5 years. You have not stated the State in which you are employed If you are employed in Tamilnadu, then based on this judgment you can claim gratuity from your employer. However if you are not employed in Tamilnadu then the above judgment will not be applicable to you. The Payment of Gratuity Act requires you to work for five years with an employer to become eligible to get gratuity from him.
With regards
From India, Madras
You are eligible to get Gratuity. Write to the Company with a CC to the Labour Commissioner there. You will get your dues. I will help you draft a letter if required.
From India, Thana
From India, Thana
Dear Mr.Dalal
Gratuity is a central law. The judgment referred to by me in my post in this thread was delivered by a single Judge of the Honourable Madras High Court. Therefore, this judgment has the force of law in the territorial jurisdiction of the Honourable High Court of Madras. This territorial jurisdiction of the Honourable High Court is only the State of Tamilnadu. Therefore all the Courts and Tribunals and quasi judicial authorities functioning within Tamilnadu have to follow this judgment. Authorities in other States have to follow the judgment if any given by the High Courts of their State if there is any judgement on this point.
With regards
From India, Madras
Gratuity is a central law. The judgment referred to by me in my post in this thread was delivered by a single Judge of the Honourable Madras High Court. Therefore, this judgment has the force of law in the territorial jurisdiction of the Honourable High Court of Madras. This territorial jurisdiction of the Honourable High Court is only the State of Tamilnadu. Therefore all the Courts and Tribunals and quasi judicial authorities functioning within Tamilnadu have to follow this judgment. Authorities in other States have to follow the judgment if any given by the High Courts of their State if there is any judgement on this point.
With regards
From India, Madras
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Payment of Gratuity Act, 1972 & The Rules.ppt
FORM - F (TN Payment of Gratuity Rules, 1973).xls
Abstract of PAYMENT OF GRATUITY ACT & RULES, 1972, FORM U[1].doc