Payment of gratuity

Rishi arora (Querist) 24 February 2012 This query is : Resolved
I have worked in company which is governed by payment of gratuiry act 1972. i have worked over there for 4 years 8 month 23 days. As per Madras High Court decision a person who has completed more than 4 years & 241 days he/ she is eligible for payment of gratuiry. I am having doubt where Act of gratuity says so or not in that case whether judgement will prevail or not in my case . what is my chance of getting Gratuity from my company

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Shailesh Kr. Shah (Expert) 24 February 2012
It seems that you are still working in that company.

So, You would get gratuity on retirement/resignation from job. not before!

Rishi arora (Querist) 24 February 2012
sorry i have resigned & completed the tenure above mentioned.

Shailesh Kr. Shah (Expert) 24 February 2012
So, you are eligible and ask company to pay gratuity.

Rishi arora (Querist) 24 February 2012
thanks a lot I will let u know about my claim with the company

V R SHROFF (Expert) 24 February 2012
are 241 days WORKING DAYS ?? CHECK IT

Rishi arora (Querist) 24 February 2012
241 days are working days & in my case 5th year i was not leave without pay . I have utilised all my earned leave to take any leave so all days are working days for me

Guest (Expert) 24 February 2012
You are quite eligible for gratuity.

Rishi arora (Querist) 24 February 2012
thanks to all

Raj Kumar Makkad (Expert) 24 February 2012
Your entitlement cannot be questioned as judgment cannot be questioned.

Isaac Gabriel (Expert) 24 February 2012
Service exceeding six months shall be computed as one year.Send I form to the Mangement claiming gratuity for 5 years service.If they refuse you can cite the court judgment,if needed

prabhakar singh (Expert) 25 February 2012
Gratuity is your right in facts of your case presented here.

Rishi arora (Querist) 09 March 2012
Dear ALL
Adding to earlier subject matter i have sent management of my company ( A PSU )regarding my eligibility of gratuity. They are saying that whether judgement has been enacted into Law they have to check.