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Gratuity eligibility

(Querist) 27 February 2017 This query is : Resolved 
Hello ,

This is regarding Payment of Gratuity Act 1972. As per Act Gratuity is payable after completion of Continuous 5 (Five) years of service.
There was Madras High Court in on of the judgement that Gratuity is payable 4 years and 240 days in the fifth year.

In view of this what is the appropriate and leagal stand ,require to follow.

Regards,
Sachin
Kumar Doab (Expert) 27 February 2017
Payment of Gratuity Act 1972 is s statue.


NO judgment need to be cited.

Sec;2A itself is exhaustive and crystal clear and self sufficient.

Adv. Yogen Kakade (Expert) 27 February 2017
I agree with mr. doab
SACHIN (Querist) 27 February 2017
From the above Interpretation Gratuity is payable in less than 5 years service i.e. 4 years and 240 days.

But there is one Case :

P Raghavulu & Son vs. Addl Labour Court, Andhra Pradesh, Hyderabad and Another, 1985 I LLN 612.

The judgement is :

The very important point is missed out here. As per section 4 (1) of The Payment of Gratuity Act, 1972, the completion of five years of continuous service is must. It cannot be reduced for anything less than five years. The Section 4 (2) of the Act, make it necessary to round up the completed months more than 6 months to one year. This cluase or section is related to the calculation only and not the eligibility.
SACHIN (Querist) 27 February 2017
Please Advice on this
Ms.Usha Kapoor (Expert) 28 February 2017
Agree with Kumar Deab.
Ms.Usha Kapoor (Expert) 28 February 2017
I'm correcting the spelling mistake of Kumar Doab.AGREE WITH kUMAR DOAB.
Rajendra K Goyal (Expert) 28 February 2017
Please give the facts of particular problem you are facing.
SACHIN (Querist) 28 February 2017
Very simple need to know wheather Gratuity is payable after completion of 5 years OR less than 5 years i.e.4 years and 240 days on 5th year is permissible.

Correct Legal stand

Because both case laws are there
A. Madaras high Court is on the side for 4 years and 240 days
B.Andhra Pradesh High Court is on the side to 5 years completion.

Which is correct ?
Guest (Expert) 28 February 2017
Well Questioned by Madam RK Goyal
Rajendra K Goyal (Expert) 28 February 2017
Forum would not gain anything from comments by experts on other experts / contributors. Any contradiction must be addressed with due respect to others.
Guest (Expert) 28 February 2017
Agreed with Madam Goyal
Rajendra K Goyal (Expert) 28 February 2017
In many threads expert used Mrs/Mr/Ms/Child before addressing me, please use Mr. before my name.
Guest (Expert) 28 February 2017
Agree with Madam Goyal
Kumar Doab (Expert) 01 March 2017
Thanks for agreeing Mr. Yogen Kakade.
Kumar Doab (Expert) 01 March 2017
Thanks for agreeing Ms. Usha Kapoor.
Kumar Doab (Expert) 01 March 2017
Thanks for correction also Ms. Usha Kapoor.


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