Eligibility for gratuity


Sir,

I joined an SFI Degree Engineering College in September 2002 as a
Professor.

During March 2014 i.e. current year, I had to go for an orthopaedic
surgery. I am still on leave but on LWP basis because we get only 8 CLs
and 10 SLs. We don't get ELs as we get vacations. I have no SLs at
credit.

Suppose I resign as I may no longer be fully fit for joining the duty. 

Is it true that because I am on leave on LWP basis, I will not be
eligible for Gratuity?

 
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Advocate

The management can give gratuity regularising  the period spent on leave .


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As you are eligible for grauity see the work out as you completed 8 years of service means they see how many days you worked in a year

240 days comes into picture for deciding whether an employee was on continuous service or not and as such a person who had worked for 240 days (above the ground or 190 days below the ground) in a year is deemed to have continuous service for that year. 

The provisions relating to six days week and 190 days of work was provided after the ruling by the apex court in Lalappa Lingappa Vs Laxmi Vishnu Texiles Mills, Sholapur, to safeguard the interests of those employees who would be denied gratuity for want of minimum days (240) in between the years. Here also completion of 5 years is mandatory. Once eligible for gratuity, if in any year one has not worked for 240 days, that year can be counted as continuous provided he was working for at least six days in a week and had worked at least for 190 days in the preceeding year.


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According to Payment of Gratuity Act, 1972 & Rules, an employee is eligible for getting gratuity after the completion of five years in a organization. On the other hands, if a worker have worked for 240 days a year is complete. It is not the matter whether a six working days in a week or 5 working days in a week. In my opinion after the completion of period of five years you will be entitled for getting the benefit of gratuity, whether ether you work any more or not.


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Dy Director

have you drawn salary for more than 4 1/2 year.

 
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