Gratuity act Supreme court verdict on eligibility latest amendment

Querist : Anonymous (Querist) 02 January 2011 This query is : Resolved
Sir,

I have completed continuous working of 4 years 10 months 7 days in private company and resigned from the services and accepted by my employer. I am told that person who has completed 4 year and 240 days continuous working in 5 th year is eligible for gratuity payment.

Can you guide me whether I am eligible for the same.

If so, can you provide the case report and supreme/ high court judgement on the same.

Your early reply shall be highly appreciated.

With Regards,

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V.T.Venkataram (Expert) 03 January 2011
According to gratuity act, the formula for calculation of Gratuity is
BASIC + DA (Last Pay drawn) X 15 /26 X No. OF YEARS WORKED
In short each month is calculate as 26 days and not 30 days
In your case, 239 days will get added, which means that you will get about 7 months extra, which works out 5 years and 5 months of service.
You are automatically entitled for Gratuity.
No, no judgement is required to support your case.
Gratuity act is sufficient.
I think i have made you cheerful !!

Ajay Bansal (Expert) 03 January 2011
Agreed with abovesaid view.

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