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Gratuity clarification - request - reg.

(Querist) 18 August 2018 This query is : Resolved 
Respected Learned Counsel,

Your kind attention is invited to the above-cited subject.

I have been working as a Medical Officer in one NGO Hospital since 17/2/2014 to till date. As per the Appointment Order issued, Notice Period has been mentioned as Two Months on either side. There is no practice of Retirement age even for freshers. All staff, irrespective of cadre, entitled for 09 days Earned leave and 21 days CL. Working hours: 9:00 am – 5:30 pm, 6 days a week.

On 24/07/2018 the HR Dept, has verbally informed me that the Management has taken a decision to Relieve me from the Services of the hospital in view of my advanced age which will not support ongoing Electronic Medical Record System introduction. Subsequently, on 30th July, 2018, I was served a letter stating that " I will be relieved from the services on completion of the notice period of two months i.e. from 01/08/2018 to 30/09/2018 signed by the Managing Trustee & CEO" and obtained my signature on the Original Letter.

In this connection, in view of my uninterrupted services of about 4 Years - 270 days by 30/09/2018 to the hospital, I am in dilemmah of my eligibility of Claiming Gratuity for the period served.

Date of Joining: 17/02/2014
Date of Leaving:30/09/2018

Note:During 2014, 2015, 2016, 2017 I had attended duty for more than 240 days in each Calender year.

5th Year : January to Sept 2018 - Served Paid working Days 273 Days. Availed Six Casual Leaves from Jan 18 to 31/7/2018 (During Notice period No Leave is permissible).

Respected Learned Cousel hubly requested to suggest as to whether I am eligible for claiming Gratuity for the sail service period of 4 years - 273 days for which act of kindness I shall ever grateful and thankful to you,

Best regards,

Yours sincerely,

Dr. Sita.T
KISHAN DUTT KALASKAR (Expert) 18 August 2018
Dear Madam,
Usually gratuity will be allowed to employees who served for more than five years. If they reject than you may approach Labor commissioner to resolve the issue.
kavksatyanarayana (Expert) 18 August 2018
For gratuity an employee shall complete five years of service. But If any employee completes 4 years and 240 working days in 5th year is also eligible for gratuity.
P. Venu (Expert) 19 August 2018
Though the eligibility for receipt of gratuity is 5 years of completed service, High Courts have held that 240 days of service during the fifth year amounts to a completed year.
Sita Mahalakshmi, T (Querist) 21 August 2018
Learned Counsel,

Thanks for the clarification.

In order to persuade the Management for taking up appropriate decision, Learned Counsel humbly requested that relevant Citations may kindly be accorded that not only helps me but also helps not to affect any other employee.

Best regards,

Sita, T

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