What is rule for gratuity

Querist : Anonymous (Querist) 20 June 2019 This query is : Resolved
hi i am an employee of a private law college under pune university.i am working as a clerk since 6th sept.2014 and want to resign from my post.

i will be completing my 4 years and 10 months service on 6th july 2019 which includes few casual,annual and without pay leaves.

i asked my account department what is the rule for gratuity they told me it is complete 5 years of service.

am i eligible for gratuity if i could complete 4 years and 10 months of service.

before claim i want to be sure.

kindly guide me.

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kavksatyanarayana (Expert) 20 June 2019
Dear querist, for gratuity, a minimum of five (5) years service is compulsory. But if your service without breaks (leave without pay etc.,) is 4 years and 10 months will be treated as full service for gratuity purpose.

Dr J C Vashista (Expert) 21 June 2019
You are eligible for gratuity.
Consult a local prudent lawyer for better appreciation of facts, guidance and proceeding .

Adv Shailendra Deshpande (Expert) 21 June 2019
First check whether Gratuity Act is applicable to your college. Since it is applicable only if 10 or more persons are employed. Also checked whether you have completed 240 days of continuous service in last 10 months. If answer of both conditions is Yes, then you are entitled for Gratuity Based on Chennai HC Judgement.

R.K Nanda (Expert) 21 June 2019
agree with above experts.

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