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Gratuity Claim

(Querist) 21 May 2011 This query is : Resolved 
Dear Sir

my husband worked in a MNC company from 10 Dec 2005 till 31 Aug 2010, is he eligible to Claim for Gratuity from his employer, if so please provide me with copy of Court Verdict enable to claim the same or under which section of Payment of Gratuity Act can he refer to and claim the same

thanks in advance for your assistance


Guest (Expert) 21 May 2011
Has your husband applied for payment of gratuity to the MNC in the prescreibed form? If so, what is the reply of the company? Think about legal action only after the company denies due benefit.
Kirti Kar Tripathi (Expert) 23 May 2011
If he has in continuous employment till 31-8-2010, He may try.
Guest (Expert) 23 May 2011
The claim is valid if he has worked for 4 years with 240 days in the fifth year.
Jai Karan Nagwan (Expert) 23 May 2011
Dear Arti,

first of all your husband must know that or must be knowing, however you refer section 2A of the Payment of Gratuity Act 1972, everything will be cleared. secondly attaching the judgement for your reference.

secondly, you shall ask for procedure how to get gratuity, rather asking for court citation. none of the employer denies to extend this benefits to their employees.

arati g bhandary (Querist) 23 May 2011
Dear Sir

many thanks for all your reply, when my husband resigned he was orally told that only those staff who have completed 5 yrs are eligible for Gratuity, i would request you to please let me know the procedure how to get gratuity

thanks once again for your kind reply

Kamal Prasoon Sinha (Expert) 24 May 2011
Dear Arati,

First your husband should submit Form -'I' (attached)to the employer and wait for their action.

arati g bhandary (Querist) 24 May 2011
Dear Sir,

thank you very much for having provided me with the form I, can you please let me know the calculation for gratuity, his last drawn basic pay was Rs 31500/-,

thanks n regds
mathivanan (Expert) 24 May 2011
It is true that to claim one has to put in 5 years of continuous service. The service rendered for more than six months of an year would be construed as one year. As such your husband has put in 5 years of service and eligible for gratuity. Calculation is salary(basic + DA) divided by 26 x 15 x 5(years of service).
Govind Sharma (Expert) 27 May 2011
As per recent supreme court judgment, 5 years means 5 years tenure to be eligible to get gratuity.
The Madras High Court has termed it in such a way that if somebody has worked for 4 years and 240 days are also eligible for Gratuity
Your husbad has worked as follos:
21 days in December 2005
4 years till 2009 end
243 days in 2010

and as per the Madras High court judgment if somebody has worked continiously for 240 days in fifth year without any break
but Madras high court's judgment is applicable only to its jurisdiction
The case is
mettur beardsells ltd V/s Regional Labour Commissioner and heard in 12.06.1996 vide writ petition no. 2135
if you need any help feel free to revert

I have attached file for your reference

You can claim your husband's company on this basis and let them take further call

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