Employer refused my gratuity (4 years 8 months 10 days)


Hi Experts,
 
I joined in a E-Publishing company (MNC) on 15 September 2014 and my last working day was in the same company is 25 May 2019. As per calucation my service period was 4 Years 8 Months 10 Days but employer said they have an calculation excel while entering the above said dates it comes like 4 years 6 months. I dont know what calcualtion there are using. Kindly help me in letting me know that if i am eligible for gratutity or not. My company has 6 days in a week working model (Alternative saturday are closed).

Waiting for experts advise.

 
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Since you have resigned for better prospects elsewhere, you are not eligible for gratuity, even if your calculation of 4-8-10 is correct. You, ought to have served for complete 5 years in the previous MNC.
 
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LEGAL

Replied already above...

 
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Advocate

Some High Courts have decided that the period of service of 240 days or more for the fifth years renders the employee eigible for gratuity. This decision is binding in other States, but of pursuaive value. You may seek legal remedies based on those decisions.

 
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Mr. P. Venue, could you please quote me the judgements of any HC, which has allowed gratuity for working 240 days in the fifth year. Because I have a judgement of SC, supporting the judgement of the Bombay HC, for refusing the gratuity to an employee, who has resigned after working for just few days less than 5 years. Be kind to me sir, even though it would not be of any worth, when the Apex Court has refused.
 
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Advocate

Dear Sathish, Referring to your DOJ and DOL, you are eligible for gratuity as per Section 4(1)(b) of the POG Act. Please apply in Form-I to your Employer and ask him to issue you Form-L, where you can check your details and future this record will act as evidence. In case there is any dispute, you can approach to the Controlling Authority. 

Aside I am attaching a circular from the Karnataka Labour Office, please look into it.https://www.lawyersclubindia.com/editor_upload/186091_20191031133354_193769470circular_of_pog_karnataka.pdf

 
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Dy Director

appealable.                      

 
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