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satish kumar (lect)     14 February 2012

Gatuity eligibility


Dear All

Rececenly I have left the employement after working 4 year and 248 days in punjab. My employer told that 5 years have to be completed for Gratuity Eligibility. I told them if  4 years and 240 days are worked such employee is eligible for gratuity. but they are not reagy to give gratuity


Please clarify and let me know if any case on this by the Supreme Court.




 4 Replies

Kumar Doab (FIN)     15 February 2012

You have already left the organisation.

Instaed of making verbal representations and getting a verbal reply submit a gentle communication to good offices of appointing authority, Head-HR, MD and seek a reply in writing.

If a reply is not received stake a claim in prescaribed formI with o/o jurisdictional authority which may be ALC/DLC, and let the comapny reply in writing. You can also seek help of a PF/Gratuity/Labor consultant.

ssujeet-Advocate (n/a)     15 February 2012

once an employee completes 4yrs and 240 days he is entitled to gratuity as per provisions of the payment of gratuity act

Sumit Kr (M)     16 February 2012

Dear Experts,

Actually, my query regarding Gratuity.

Basically, My wife joined Private listed co. in June'2007 and take leave in mid April' 2011 for 3 months, after that went for Privillage leave as per co. policy which comes under earned leave for 1 month then after due to some complications, she took leave without pay for 2 months she joined the co. from 1st Nov'2011 and working till date.

If she leave the co. in June' 2012, then she is elligible to get Gratuity or NOT.

Please explain...

Kumar Doab (FIN)     16 February 2012

If no order as per standing orders of the company, rules and regulations applicable to the employees of the company has been passed treating leave as unauthorised absence from duty,


If all leave are approved on record then it is felt that there should be no reason for declaring the lady ineligible for gratuity after Feb,12.If the lady has not obtained approved copy of the leave the lady must obtain the same under proper seal and signature and keep it safe. many of the companies have Hr portal for employees and leave record is displayed. A snap shot may be obtained and a confirmation may be obtained from HR even if by email.

Valuable advice of learned experts/members is sought.

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