Regarding the gratutiy

Hi, I joined one of the IT Comany in Jan 2012 and in Nov 2016, I am leaving this company. I have completed 4 years and 10 months service in this organization. so, please, let me know, whether I will be eligible for Gratuity as I am not completing 5 years in this company. I read lot of articles regarding which says, 4.8 years is also ok for getting Gratuity. Just to add to this, in my offer letter, compnay has mentioned " after completion of 5 years service, you will be eligible for the gratuity as per the Payment of Gratuity Act". Can please someone help me on this.

You should be eligible.

Employee can apply one month before LWD.

Ask ( preferably in writing under proper acknowledgment) to supply the 'Notice of Determination of Gratuity' and payment on LWD.


Company Secretary

As per Madras High Court decision gratuity  is payable in such case.  However, decision of SC is not available on  this issue.  This decision is binding in Tamil Nadu.  However, employers in other States are not bound by this judgement and normally they do not follow this judgement.



Payment of Gratuity Act,1972;Sec: 2A;(2) (a)


provides for eligibility.

Payment of Gratuity Act , itself is statue.

NO citation is required.





Your are not logged in . Please login to post replies

Click here to Login / Register  


  Search Forum


  LAWyersclubindia Menu