Gratuity

satyanarayana (Querist) 03 May 2019 This query is : Resolved
I have completed continuous working of 4 years 7months 10days in private company and resigned.

joining date: 24-11-2014

relieving date: 06-07-2019

Days : 4 years, 7 months, 10 days (4yrs 220 days)(calculation with Leaves)

Could you please let me know am I eligible for gratuity or not.

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M V Gupta (Expert) 04 May 2019
No. Minimum service required is 5 years.

P. Venu (Expert) 04 May 2019
Some High Courts have ruled that 240 days of service in the 5th year would make the employee eligible for gratuity.

M V Gupta (Expert) 05 May 2019
@Mr. Venu. Please furnish citation of the judgements for benefit of all readers here.

krishna mohan (Expert) 07 May 2019
Gratuity Act stipulates 5 years. Hence employer will always say 5 years not completed. You can complain to jurisdiction Labour Commissioner for resolving dispute on Gratuity. Let us wait for the case laws as above for possible reference and use.

M V Gupta (Expert) 07 May 2019
@Mr. Venu. Waiting for the citation of judgements referred by you please.

P. Venu (Expert) 07 May 2019
I had given my suggestion in the light of the judgments of the Madras High Court in the case Mettur Beardsell Ltd. vs. Regional Labour Commissioner (Central) 1998 LLR 1072 & the Kerala High Court in Sreeja B vs. The Regional Joint Labour Commissioner. (https://indiankanoon.org/doc/181439831/)

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