Gratuity eligibility for 4 years 190 days.
Reetu Dwivedi
(Querist) 04 April 2013
This query is : Resolved
Dear Learned experts,
Judgment of Supreme Court rendered under the provisions of the Industrial Dispute Act in Surendra Kumar Verma vs. Central Govt. Industrial Tribunal,[(1980) (4) S.C.C.433)], states that it is enough that an employee has a service of 240 days in the preceding 12 months and it is not necessary that he should have completed one whole year's service. As the definition of continuous service in Industrial Dispute Act and Payment of Gratuity Act are synonymous, the same principal can be adopted under the act also and hence an employee rendering service of 4 year 10months 11days is considered to have completed 5 years continuous service under sec.4(2) and thereby is eligible for gratuity.
According to gratuity Act 240 days=1 year for employees working above the ground and
190=1 year in case of the employees work below the ground or if the employee's organization works for less than 5 days in a week.
So is it correct to say that I am eligible for the gratuity by working 4 years and 190 days in an organization which works for 5 days in a week.
Nadeem Qureshi
(Expert) 04 April 2013
Dear Querist
as per the provision 4years and 240 days is required. if you read regarding 190 days in act you are elegible otherwise not
Adv k . mahesh
(Expert) 04 April 2013
are working below the ground then you are eligible and if not above ground
4 years 8 months
(or 240 days to be precise for organizations working 6 days a week)
or
4 years 190 days
(in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week)
Raj Kumar Makkad
(Expert) 04 April 2013
You are entitled only if you fulfil the condition of law that one hundred and ninety days in 5th years is available only where an employee is employed below the ground in a mine or in an establishment which works for less than six days in a week.
