Defination of "Continuous Services" u/2 2a of Payment of Gratuity Act
Ajay Aggarwal
(Querist) 11 November 2010
This query is : Resolved
If an employee is in employment for 4 Years and 240 days will he be eligible for gratuity.
Ajay Aggarwal
(Querist) 11 November 2010
Pl find attached one case law.
Raj Kumar Makkad
(Expert) 11 November 2010
Yes. Such employee is duly entitled for the grant of gratuity as per Payment of Gratuity Act.
Pushpa Rawat
(Expert) 11 November 2010
Dear Ajay,
Contineous 5 yaers means 5 years.
If you want to calculate on yearly basis: 240 days in a year, the employee has to be physically be present in the organization.
Hence 240*5 years is span of 5 years.
But if we say contineous 5 years, after working for 240 days, the employee should not be away from duty or seperated from the employment. Thats y 5 years contineous service means 4 complete years plus 240 days of 5th year.
Let me knoe if you have more query on this.
Regards,
Pushpa
Ajay Aggarwal
(Querist) 11 November 2010
Dear Raj Ji/ Pushpa Ji,
Thanks for your quick response.To make it more specific,If any one join on 18 May 2006, when he will become eligible for Gratuity.
2006=228 days
2007=365 days
2008=366 days
2009=365 days
2010=365 days
2011= ? days
s.subramanian
(Expert) 12 November 2010
Yes. I agree with Pushpaji.
Ajay Aggarwal
(Querist) 12 November 2010
Dear Experts,
Please clerify, when will employee become eligible for Gratuity in below case.
If any one join on 18 May 2006, when he will become eligible for Gratuity.
2006=228 days
2007=365 days
2008=366 days
2009=365 days
2010=365 days
2011= ? days
Warm Regards,
Ajay Aggarwal
Ajay Aggarwal
(Querist) 15 November 2010
Mr. Jacob,
The counting starts from the date of joining.As decided by Madras High Court, 12 days in 2011 are required for 240 days.
Any other expert, please clerify
Warm Regards,
Ajay
