Gratuity
Rakesh Panwar
(Querist) 24 November 2011
This query is : Resolved
Dear Expert
My joining date is 1st Feb 2007 and leaving the company as on 30 Nov 2011, my question is that am i eligible for Gratuity under Gratuity Act. And also suggest me the section as per Gratuity Act, according to which i can prove this eligibility. If you have any case related to this please send me the details. I shall be very thankful to you for your kind support.
Raj Kumar Makkad
(Expert) 24 November 2011
As you are not completing full 5 years continuous service (240 days per year for 5 years)so are not entitled for the grant of gratuity so next question get ended on the bases of this basic question.
mahendrakumar
(Expert) 25 November 2011
I differ.
You are eligible for gratuity,as you have completed 4years and more than 240 days ,as on 30th Nov 2011.
Shailesh Kr. Shah
(Expert) 25 November 2011
I humbly disagree with Shri Raj Kumar Makkad on calculation part rest is agree.
You would be eligible.
Since 4 years and 10 months would be completed.
if an employee completed his four years in service and have completed 240 days in the 5th year then he is entitled for five years gratuity.
Shailesh Kr. Shah
(Expert) 25 November 2011
1998 LLR 1072
MADRAS HIGH COURT
Hon’ble Mr. S.M. Abdul Wahab J.
W.P. No. 21350f1987
Decided on 12.6.1996
MetturBeardseU Ltd. (represented by Its Personnel Manager), Madras
vs.
Regional Labour Commissioner (Central)
(Authority under Payment of Gratuity Act).
Madras & Others
PAYMENT OF GRATUITY ACT 1972- Sections 2(a), 2(b), 2(c), 2(e) and 2A -'Continuous service' - Qualifying period of service by an employee –Entitlement of Gratuity - An employee rendering continuous service for a period of 240 days in a year will be deemed to have continued in service for 'one year as stipulated by section 2A of the Act -Thus an employee who has Put in service for 10 months and 18 days for the fifth year subsequent to first 4 years should be deemed to have completed continuous s6rvice of five years -His claim for gratuity is tenable.
Guest
(Expert) 25 November 2011
Agree with experts.
Guest
(Expert) 25 November 2011
No case law is necessary when there is a clear provision in sub-sec. (2)(a)(ii) of Section 2A of the Payment of Gratuity Act, which clearly lays down the definition of continuous service of 240 days in a year equivalent to one year.
Raj Kumar Makkad
(Expert) 25 November 2011
First part of my reply remained typographically wrong. It was my intension to say that as he has completed full five years in service so he is entitled to claim for gratuity. Anyway, thanks to all experts for correcting me.
Rakesh Panwar
(Querist) 25 November 2011
Thanks for Reply to all Experts.
I am very Grateful to all of you
Rakesh Panwar
(Querist) 25 November 2011
Dear Expert.
I have one confusion, I joined the Company on 1st Feb 2007 and it was on probation period for one year but PF is deducted from the very first day of my joining. and confirmation date is 1st Feb 2008, what is the status of my Gratuity now. I am still eligible or not.
mahendrakumar
(Expert) 26 November 2011
nothing to get confused. you are entitled to get the gratuity.
Shailesh Kr. Shah
(Expert) 26 November 2011
Not to confused. Answer will remain same.
Guest
(Expert) 26 November 2011
Probation is also a part of regular service.
prabhakar singh
(Expert) 26 November 2011
Your entitlement to Gratuity is running from 1st Oct2011.
K.S.Srinivas
(Expert) 27 November 2011
The counting of prescribed service for deciding eligibility starts from 1-2-2007. Therefore, you are entitled for claiming gratuity.
Rakesh Panwar
(Querist) 02 December 2011
Dear Experts
I recd my Full & Final in which there was no amount for Gratuity, they said you have not completed 5 years, and this option of 240 days starts after completion of 5 years.
What shoul i do to get amount of Gratuity.
Guest
(Expert) 02 December 2011
Have you applied for payment of Gratuity in the prescribed form under the Payment of Gratuity Act? If not must apply in the prescribed form instead of continuing with any correspondence. Wait for the result on that application.
Rakesh Panwar
(Querist) 02 December 2011
Sir
Can you pls tell me how can i applied for that.
Guest
(Expert) 02 December 2011
You may download the following form to claim your gratuity.
Rakesh Panwar
(Querist) 02 December 2011
Ok, Sir
I will send the form after filling it to the company by mail,
Sir, one query is in my mind? I am legally sound or not on this matter.
Guest
(Expert) 02 December 2011
Yes. Your claim is correct.
Rakesh Panwar
(Querist) 06 December 2011
Dear Sir: P S Dhingra
Sir i have send the Gratuity Claim form to my company by mail.
What is the next step.
Guest
(Expert) 06 December 2011
You may have to wait for the response for some time. If they don't respond, you can send written reminder to them after about 2 weeks.
Rakesh Panwar
(Querist) 23 December 2011
Dear Experts
As per my earlier discussion, i want to ask further.....
I have not recd any reply or any call from my previous organisation regarding the Gratuity.
What should i do next. pls guide me
