Dear Sirs, 

 I have discussed with many HR professionals regarding the eligibility criteria about for Gratuity. i got the following replies.

1.  4 Years 240 days service is Eligible for Gratuity (6 days working pattern)

2.  4 Year 190 days service is Eligible for Gratuity. (5 days working pattern)

If we sent claim form to HR / MD, They simply says that as per the act " One should complete 5 Years continuous service". So 4 yeras 240 days or 4 years 190 are not at all counted for the benefit. 

My question is How to Counter for the above reply. whether in company or before the authority. 

Previous Judgemnets will be Enough or Any other amenmends came favour to Employee?

Experts Please advise me. 


Thanks & Regards, 







You need not counter.  Simply submit the gratuity claim in Form-I and obtain acknowledgement.  The management will either accept the claim or reject the claim by giving reasons.  Depending upon the outcome, you can take appropriate further steps like preferring an Appeal to the Controlling Authority, within prescribed time etc.


Thank you sir.






If you have worked for 240 days in the 5th year ie. 4 years plus 240 or more days then you are entitled to the gratuity amount. Most often, the HR tries to reserve that amount and many people let it be, however, you can sen a legal notice and you will get the amount along with the interest. 

Enagage a good lawyer and draft a good legal piece of notice. they will comply with the terms if you are not at fault in any other matter which may discard your entitlement. If they do not comply, then you go to the authority. 

Previous judgements if cited would be beneficial, however, the legal notice with proper details of the law applicable and the figures of days and salary amounts should work.

Good Luck!




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