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Applicability of Gratuity

(Querist) 17 October 2008 This query is : Resolved 

DEar All,

I just wanna know I had worked with a org. for 4 yrs and 252 days. As per the reference of Madras High court judgement I think I am applicable for the Gratuity Payment.

Just wanna have your comments. My employer is not ready to pay the same as per them the judgement is in other contents.

Pls reply.
Sandeep (Querist) 17 October 2008
1
H. S. Thukral (Expert) 17 October 2008
Continuous service of one year means working for 240 days in the year including off days, authorised leave and festival holidays or the holidays on days when the establishment did not function. You have thus completed 5 years of service and became eligible for gratuity. If your employer is not paying you the same, proceed according to Payment of Gratuity Act. Put a demand notice to the employer as per Act and if he does not pay approach the authority under the Act.
Adv.Shine Thomas (Expert) 20 October 2008
You are eligible for gratuity.


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