Gratuity eligibility on completion of 4 years 199 days
Naveen
(Querist) 11 December 2012
This query is : Resolved
Sir,
I have completed continuous working of 4 years 9 months 5 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 190 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,
Raj Kumar Makkad
(Expert) 11 December 2012
You were required to complete 4 years and 240 days continuous service to get the desired relief. You are not entitled for the gratuity and thus no relevant citation can be provided to you .
Naveen
(Querist) 11 December 2012
Dear Sir,
I had joined the organisation on 11th Feb 2008 and my last working day with the organisation was 15th November 2012. Hence as per calculation it is coming to 4 years 279 days.
Please clarify if am wrong in my calculations
Regards,
Naveen
Raj Kumar Makkad
(Expert) 12 December 2012
naveen! If you had worked 4 years 279 days then you are very well eligible for the grant of gratuity. Make representation followed by your legal notice through lawyer and then civil suit, if required thereafter.
Guest
(Expert) 12 December 2012
I endorse the final views of Shri Raj Kumar Makkad.
Nadeem Qureshi
(Expert) 12 December 2012
I agree with Mr. Makkad's view
Naveen
(Querist) 12 December 2012
Thanks a lot
Guest
(Expert) 12 December 2012
You are welcome.
Guest
(Expert) 12 December 2012
Since you have completed 240 working days, certainly you are eligible to claim gratuity.However, please submit the prescribed application form to your employer to claim it.Thereafter, if you do not get the payment within 30 days of submission of the same,then make a complaint in the prescribed application form to the concerned ALC & CA.After giving opportunities to both the parties ,he will give the necessary order,which will be final and binding on both the parties subject to right of appeal.
