gratuity payable or not

HETAL MEHTA (Querist) 24 September 2010 This query is : Resolved
Dear Sir/Ma'am,
My brother has worked for 4 years 11 months and 17 days in his previous employment. Is he entitled for gratuity? because as per law, calculation for completion of year will be - worked for more than 6 months will be considered completed year.

Please guide as they are not paying him the same under the argument of not completing 5 years.
Hetal

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P.ESAKKIMUTHU (Expert) 25 September 2010
YOUR BROTHER IS ELIGIBLE FOR GRATUITY.DURING THE FIFTH YEAR IF HE HAS WORKED 240 DAYS IT IS SUFFICE FOR ENTITLEMENT OF GRATUITY

s.subramanian (Expert) 25 September 2010
Yes. I agree.

Jacob Pratap (Expert) 28 September 2010
Here is a judgment of the Hon'ble Madras High Court according to which your brother would be entitled to receive gratuity from his employer.

Sri Vijayan.A (Expert) 05 October 2010
Thus, I hope your answer is fully answered

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