Hi Everyone,
Please guide me if I am eligible to get gratuity or not. I had joined a company on 15th December 2003 and my last day in the company was on 14th August 2008. This means I had completed 4 years and 244 days of service with them.
I am hearing lot of different views on the eligibility of gratuity payment but didn't get any one concrete answer to it.
Can you all please help me find a valid answer to it? In case I am eligible to get gratuity, please share the related case law or judegement also in this context, so that I can take it forward with my previous employer.
Thanks a lot in advance for all your help.
regards
Shikha
From United Kingdom
4Please guide me if I am eligible to get gratuity or not. I had joined a company on 15th December 2003 and my last day in the company was on 14th August 2008. This means I had completed 4 years and 244 days of service with them.
I am hearing lot of different views on the eligibility of gratuity payment but didn't get any one concrete answer to it.
Can you all please help me find a valid answer to it? In case I am eligible to get gratuity, please share the related case law or judegement also in this context, so that I can take it forward with my previous employer.
Thanks a lot in advance for all your help.
regards
Shikha
From United Kingdom
Dear friends,
I agree that there are conflicting views and I also want to know exact legal position.
It is understood that Madras High Court in the case of {Mettur Beardsell Ltd, Madras V Regional labour Commissioner(central), Madras LLR1072(Mad HC) has held that an employee who has put in his service for 10 months for the fifth year subsequent to the fourth year should be deemed to have completed 5 years and is entitled to get gratuity. However, I do not have copy of judgement. If any one has got copy, kindly share.
Supreme Court in the case of Surendra Kumar Verma v Central Govt. Industrial Tribunal (1980 (4) SCC 433) has also held that an employee who had completed 4 years 10 months and 18 days would constitute 5 years for the purpose of Industrial Disputes Act.
Regards,
From India, Malappuram
I agree that there are conflicting views and I also want to know exact legal position.
It is understood that Madras High Court in the case of {Mettur Beardsell Ltd, Madras V Regional labour Commissioner(central), Madras LLR1072(Mad HC) has held that an employee who has put in his service for 10 months for the fifth year subsequent to the fourth year should be deemed to have completed 5 years and is entitled to get gratuity. However, I do not have copy of judgement. If any one has got copy, kindly share.
Supreme Court in the case of Surendra Kumar Verma v Central Govt. Industrial Tribunal (1980 (4) SCC 433) has also held that an employee who had completed 4 years 10 months and 18 days would constitute 5 years for the purpose of Industrial Disputes Act.
Regards,
From India, Malappuram
Hi,
As per The Payment of Gratuity Act an employee is eligible for gratuity if she has completed 5 years of continous service in an organization.
Wherein continuos service stands for 240 days in an year. In your case you say that you have completed 4 yrs and 244 days with the company. However as per my understanding of your case you were not actually present for 240 days but this is the period for which you were working with this company. So I doubt as per the act you are eligible for Gratuity.
From India, Mumbai
As per The Payment of Gratuity Act an employee is eligible for gratuity if she has completed 5 years of continous service in an organization.
Wherein continuos service stands for 240 days in an year. In your case you say that you have completed 4 yrs and 244 days with the company. However as per my understanding of your case you were not actually present for 240 days but this is the period for which you were working with this company. So I doubt as per the act you are eligible for Gratuity.
From India, Mumbai
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Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc