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Discussion > Labour & Service Law > > GRATUITY PAYABLE FOR BELOW 5 YEARS   Unanswered Threads Post New Topic

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There are 22 Replies to this message


[ Scorecard : 35]
Posted On 20 October 2007 at 02:34 Report Abuse

Dear All,

This is for your information that if an employee have not completed his 5 years, he is eligible for gratuity.

Condition :   If an employee completed his 4 years in service and have completed 240 days in the 5th year then he is entitled for 5 years gratuity.


L.C. Pal


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Prakash Yedhula

[ Scorecard : 23429]
Posted On 20 October 2007 at 04:20 Report Abuse

Thanks for the information.


[ Scorecard : 38]
Posted On 22 October 2007 at 00:26 Report Abuse

Dear Mr. Pal ji,

Thanks for your information, if you add as per which sec.of the Act. will be appreciated.





[ Scorecard : 35]
Posted On 22 October 2007 at 02:23 Report Abuse

Dear All,

The below answer had printed in LLR in the M/o Oct-1998 that :

Section 4 of the Payment of Gratuity Act, 1972 provides that an employee will entitled to gratuity on completion of countinuous service of 5 years and while clarifying the 5 years complete service, Andhra Pradesh Hight Court had held that the minimum period for becoming eligible for payment of gratuity should not be less than 5 years since it should be complete 5 year service.  It was further clarified that the words or part in excess of six months' are only meant for the purposes of computation of gratuity for the subsequent year or years to first complete 5 years.  It was also held that if an employee has worked for 4 years 11 months and 10 days, he will not be eligible for gratuity for want of completion of 5 years.  Further in a subsquent case, MADRAS HIGH COURT while relying upon the clarification by the SUPREME COURT pertaining to 240 working days in one year will be deemed to be continuous serice of one year meaning thereby that there should not be complete 12 calender months' service.  MADRAS HIGH COURT has further held that an employee, who has put in service of 4 Years 10 Months and 18 Days in the 5 years, will be entitled to gratuity.

Case Ref.  :  Mettur Beardsell Ltd., Madras v. Regional Lab. Commissioner (Appellate Authority under Payment of Gratuity Act), Madras etc., 1998 (3) LLN 414.







[ Scorecard : 165]
Posted On 22 October 2007 at 06:57 Report Abuse

Thanks Mr.Pal for providing the information. It will be useful for many people.

[ Scorecard : 29]
Posted On 27 March 2008 at 13:42 Report Abuse

Yes, Gratuity can be paid below 5 years . who work 4 years & 240 days in last means in fifth year is eligible to get gratuity. thanks


[ Scorecard : 24]
Posted On 27 February 2010 at 10:25 Report Abuse


Please let me know whether this act/law ( eligibility fo gratuity if the emloyee who serves  for a minimum of 4 years& 240 days in fifth year) is applicable for all company.

My company (Public Limited Company) contributes the amount with Group Gratuity Fund and in turn the Fund amount being deposited with LIC of India.

Please let me know whether an employee can claim for Gratuity if he server for a minimum of 4 years and 240 days in the fifth year. Or is it the company's descretion to pay the Gratuity ?



M. Devakanth




Ajay Aggarwal

[ Scorecard : 26]
Posted On 06 March 2010 at 21:10 Report Abuse

I have served 4 years and 9 months from my date of joining.Am I eligible for gratuity.I saw some old posts and want to check latest position of law and cases  as it stands today in March 2010


[ Scorecard : 24]
Posted On 08 March 2010 at 18:17 Report Abuse

I have also got an information that there would be several cases can be filed against employee on the grounds of  code of conduct, mis utilisation of funds or mis behviour in the office premises etc in order to fight against the employee or to calm down the employee.

Is it correct  or not. Please reply.

M. Devakanth




Sweta Jain

[ Scorecard : 22]
Posted On 11 April 2010 at 17:42 Report Abuse

Dear Mr. Pal,


I had the similar doubt....i got know that if any judgement is passed by the madras court will be applicable only in  that particular state. For all other states only a Supreme Court Judgement will be applicable.

is the above true? if yes than is there any Supreme Court Judgement.

Please reply it is very imp and urgent for me.



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