Gratuity

Ashok Yadav (Querist) 14 April 2014 This query is : Resolved
Dear Sir

I have Resigned from Company and I have completed 4 years 9 months in same Organisation will i am Eligible for Gratuity.
As per Judgment from Supreme Court:
"Yes, by virtue of the judgment of Supreme Court rendered under the provisions of the Industrial Dispute Act in Surendra Kumar Verma vs. Central Govt. Industrial Tribunal,[(1980) (4) S.C.C.433)], it is enough that an employee has a service of 240 days in the preceding 12 months and it is not necessary that he should have completed one whole year’s service. As the definition of continuous service in Industrial Dispute Act and Payment of Gratuity Act are synonymous, the same principal can be adopted under the act also and hence an employee rendering service of 4 year 10months 11days is considered to have completed 5 years continuous service under sec.4(2) and thereby is eligible for gratuity

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Dr J C Vashista (Expert) 15 April 2014
You are well aware.
Yes.

Guest (Expert) 15 April 2014
Provisions of the Act is very clear, which states, 240 days of service in the last year is to be treated as a completed year for the purpose of gratuity.

You are eligible for gratuity.

Rajendra K Goyal (Expert) 15 April 2014
Agree, you are eligible for the Gratuity.

malipeddi jaggarao (Expert) 15 April 2014
You have answer with you.

Kumar Doab (Expert) 15 April 2014

The Supreme Court of India judgment quoted is of year 1980…………….. ……………and you have gone thru the commentary.

The Sec 2A was inserted in the Payment of Gratuity Act in year 1984.

The Sec2A is self explanatory and does not leave anything to speculations.

There are many threads on similar query at:
http://www.lawyersclubindia.com/experts/Gratuity-clearity-for-4-years-9-month-service-465666.asp#.U0zbIUeBmXU
and

http://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49#.U0ZOTEeBmXU

e.g;

http://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp#.U0ZOfEeBmXU

You can download the judgments’, Act…………….and gain from detailed discussion.

You may submit in writing preferably by letter thru Redg. Post addressed to appointing authority, MD that Notice of Determination of Gratuity was not supplied to you despite your representations in office/by email/in person/by letter etc on dated…………………………to Mr/Ms………………….designation…………….name of company……address……………………and FormI is attached.

T. Kalaiselvan, Advocate (Expert) 15 April 2014
Agreed with the experts, you are eligible for gratuity.

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