Clarity on gratuity eligibility for year 2012

Soumyatha (Querist) 06 December 2012 This query is : Resolved
Hello Sir/Madam,
I have a query regarding gratuity eligibility service. I had completed my 5 yeras in Organization on month of Nov'12 (DOJ: Nov 2007).

Query 1:
I have already ressigned on 18th Sept'12.The total service before resignation is 4yrs and 301 days. Am i eligible for gratuity amount?

Query 2:
Should the gratuity eligibility service years vary within Organization(s)?

Query 3:
If this should not vary then what action need to be taken against Organization if they oppose to give me gratuity amount though i am eligible for it as per Govt. act?

Anticipating an early response.

Regards,
Soumyatha

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ajay sethi (Expert) 06 December 2012

Employee must work for 240 days in continuity of his service in last year. On the day when he completes his 240 days he will be eligible for gratuity.

it should not vary with the organisation as supreme court judgement is binding on all

issue them legal notice

Guest (Expert) 06 December 2012
1) Yes, you are eligible for gratuity.

2) Not, if disadvantageous as against the statutory provisions of the Payment of Gratuity Act.

3) File your claim with the employer on prescribed application form. Failing which you can report the matter to the controlling authority appointed by the Government, as per the Payment of Gratuity Act & Rules, for issue of direction for payment to the employer.

Soumyatha (Querist) 06 December 2012
Thank you Mr. Ajay Sethi and Mr. PS Dhingra for your quick response and valuable inputs :)

Thanks and regards,
Soumyatha