Gratuity related

SAURABH GUPTA (Querist) 01 November 2017 This query is : Resolved
Dear sir
I havr query related to gratuity act. I have worked for 4 years and 8 months for a private organization where we have 5 days a week job and 4th Saturday is working. Please let me know weather i will be eligible to get gratuity.

Follow Query

Report Abuse

Ms.Usha Kapoor (Expert) 02 November 2017
Yes! you are eligible for gratuity as you've worked for more than 4 years and 240 days in a year i9ncludibng leaves etc whrether you've compl;eted workingmore than 5 years or not.

Rajendra K Goyal (Expert) 02 November 2017
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.

Kumar Doab (Expert) 02 November 2017
Your establishment is working for less than 5days/week in a month.
Refer to Payment of Gratuity Act, 1972; 2A {(2a)(i)(ii)}, 4,7
http://www.labour.nic.in/sites/default/files/ThePaymentofGratuityAct1972.pdf
If the Act applies to establishment; You should be eligible.

Kumar Doab (Expert) 02 November 2017
If you have separated then write under proper acknowledgment to designated HR person, good offices of appointing Authority/MD/CEO/Chairman narrating that you have represented to Mr/Ms……….on dated…………….and ‘Notice of Determination of Gratuity’ and payment and any form/format has not been supplied to you till date………
If establishment does not pay within 30days from LWD then it is liable to pay interest @10%pa for the delayed period.