Payment of gratuity at 4 years and 11 months

Querist : Anonymous (Querist) 08 April 2011 This query is : Resolved
Dear Sirs

Whether employee is entitled for Gratuity on completion of 4.11 years?>

Kindly help.
Regards
Amit

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M.Sheik Mohammed Ali (Expert) 08 April 2011
no, you must complete 5 years

Ajay Bansal (Expert) 08 April 2011
Agreed with aforesaid view.

Querist : Anonymous (Querist) 08 April 2011
Dear Sirs, thanks for reply, i just received one HC Judgement from one of my friend, which says employee is entitled for gratuity on 4 yrs 240 days.
pls guide.
Regards
Amit

Kirti Kar Tripathi (Expert) 08 April 2011
Position of law in this regard is ambiguous. The Payment of wages Act prescribed minimum period for eligibility of gratuity is of 5 years, But the in the same Act Section 2A described continuous service as 240 days in preceding 12 months. Court are also divided on this point. Allahabad High Court say that the requirement of 5 years is compulsory but Madras High Court says completion of 5 years is not mandatory, if an employee completed 240 day in his 5th year of service, he is entitled for gratuity.

Querist : Anonymous (Querist) 08 April 2011
Thanks Kirti sir

I apprecaite if you can give detail of Allhabad court decision .
Regards
Amit

H. S. Thukral (Expert) 08 April 2011
Dear Mr. Kirti,
i would also like to go through the allhabad hc judgment. Pl provide citation details. Thanks

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