Civil Procedure Code (CPC)

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PBS KUMAR (HR - PROFESSIONAL)     05 January 2016

Is the gratuity is payable if a person died before 5 yrs.

Dear Experts,

One of the case : one person was died during the course of employment after serving 3 years of service. Is he eligible for Gratuity ? 



 5 Replies

jagannath magar   05 January 2016

Mr.kumar u have not mentioned whether that deceased employee was govt employee or company employee ? If he was govt employee he is eligible for gratuity @six times of monthly pay Thank u J a magar

Kumar Doab (FIN)     06 January 2016

Payment of Gratuity Act,1972: Sec:4, It is payable.

PBS KUMAR (HR - PROFESSIONAL)     07 January 2016

Dear Sir's

It is a private industry. The employees served the organisation as on the death time is 3 years. While calculating the Gratuity upto 5 years as assumed ?.




Kumar Doab (FIN)     07 January 2016

Payment of Gratuity Act,1972:



4. Payment of gratuity.-(1) Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years,-

(a) on his superannuation, or

(b) on his retirement or resignation, or

(c) on his death or disablement due to accident or disease:

Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employees is due to death or disablement:

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     07 January 2016

totally agreed as opined by the above said experts.

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