Gratuity in Pvt sector
niponchoudhury@gmail.com
(Querist) 15 November 2018
This query is : Resolved
I have joined on 10/02/2014 and my last working day will be 05/12/2018. Will I be eligible for gratuity payment from company?
KISHAN DUTT KALASKAR
(Expert) 15 November 2018
Dear Sir,
The eligibility is 5 years.
Please mark “LIKE” if satisfied by my answer.
Isaac Gabriel
(Expert) 16 November 2018
Service of four and a half years to be committed as five yrs to be taken as five years to qualify for pension.
P. Venu 
(Expert) 16 November 2018
Five years is the qualifying period for entitlement of gratuity. However, there are rulings by some High Courts that 240 days in the fifth year could be taken as a completed year. Please verify.
Kumar Doab
(Expert) 16 November 2018
As per title of the query the establishment is private.
You need to check if the Payment of Gratuity Act 1972 was/is applicable to establishment as per provisions.
GO thru;
Payment of Gratuity Act 1972;1,2,2A
The establishment works for 6days /week or less than 6days /week?
Kumar Doab
(Expert) 16 November 2018
Generically speaking you would be working for app. 04Y09M25D
Count from date of reference (LWD) to DOJ..
So you should be eligible if the Act was/is applicable per provisions..
Kumar Doab
(Expert) 16 November 2018
You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Labor/service matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you and even help you.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
There are such very able counsels at each location.
Check for such counsels at LOCAL e.g;, Labor court/CGIT, O/o Controlling Authority of Gratuity, CAT, School-Educational tribunal, Civil courts, HC, SC …
If the need be anyone can represent you...
Kumar Doab
(Expert) 16 November 2018
In the meantime you may go thru Article under my profile;
Off days, holidays are counted in service period for the Payment of Gratuity !
http://www.lawyersclubindia.com/articles/Off-days-holidays-are-counted-in-service-period-for-the-Payment-of-Gratuity--8669.asp?utm_source=article_mailer&utm_medium=email&utm_campaign=article_followup
