Payment of gratuity
R P_ mumbai
(Querist) 13 April 2013
This query is : Resolved
If an employee has joined the Mumbai based IT organization on 08th Dec., 2008 then whether such employee is eligible for gratuity after 4.8 years i.e., 240 working days in the Fifth year and if such employee resigns after 4.8 years immediately will he/she gets gratuity amt for the full Five years?
Kumar Doab
(Expert) 13 April 2013
Payment of Gratuity Act, 1972
Section: 1
Short title, extent, application and commencement.
(3) It shall apply to¬ –
(b) every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months;
Section: 2A
Continuous service.
The Section 2 (a) (i) -----190 days = 1 year if company operates 5days/week.
Section 2 (a) (ii)-------240 days= 1 year in any other case (if company operates 6 days/week).
Section 2 (b) (i) (ii) may also be looked into.
The judgement in case of :
Mettur Beardsell Ltd.(represented by Its
Personnel Manager),Madras
vs.
Regional Labour Commissioner (Central)
(Authority under Payment of Gratuity Act) Madras & Others
may also be looked into.
Raj Kumar Makkad
(Expert) 16 April 2013
Yes. He is duly entitled as per rules mentioned above.
