Required clarification on gratuity

He has completed 240 days in 5th year. He is eligible.

There are many threads on similar query at:

https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49#.Uui9JxC6bIV

e.g;

https://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp#.Uui8_BC6bIU

Thanks for the clarity but when he approach to the company they are denying the same by saying that to get the gratuity employee should complete 5 year.

Now what is the solution to get the gratuity amount.

Regards

Neha

I fully agree with Mr Doab. As per Hon'ble HC Madras if any one  render four consecutive yrs service and fifth yr if he ;puts  240 days he is elibgible for payment of gratuity but in another judgement  awarded by AP HC wherein it has been stated that that five yrs continuous service is must for eligibility of gratuity.

Sec: 2A Continuous Service has been inserted in Payment of Gratuity Act after assent and notification in the Gazette.

No further clarification is required.

It in itself is explanatory.

This Act is social security tool.

If the HR designated as concerned person to process the Gratuity or any one else or employer himself contravenes the provisions of the Act then attention to Sec9 Penalties needs to drawn. There is a provision of penalty, punishment and imprisonment. 

This has been discussed in detail in above mentioned threads.

Instead of remaining entangled in verbal communications the employee may submit preferably by redg. post that he has already represented in office on dated..........................and dated..........................to Mr/Ms.........................designation..............dept......................name of company.......................address..........................and Notice of Determination of Gratuity has not been supplied despite unlimited number of representations and FormI is attached.

If the employee is unable to handle on his own he may entrust the matter to a lawyer well versed with such matters and proceed under expert guidance of the lawyer.

My uncle has joined to private school on 1988 and died on 2005 is he eligeble for gratuity as per existing law if so how

Your uncle was a teacher with Govt or private institution?

Teachers in private institutions were made eligible for payment of Gratuity with retrospective effect from 1997. Sec 2e in Payment of Gratuity Act was inserted to include teachers amongst employees.

Teachers in local bodies were already included.

well elaborated by Mr Kumar Doab