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Shreyas (SSE)     14 September 2012


Dear All,

I have joined my current organization on 19th Nov 2007 and have decided to quit due to personal reasons.

My future organization first had given me Nov 5th 2012 as joinig date and based on my request gave a new joining date as 19th Nov 2012. They also said they will nt be changing further.

Now If i quit my current company now, will I be entitled to get Gratuity? I will be missing 5yrs by just 3-4 days....

Kindly help me out !!!



 9 Replies

Shreyas (SSE)     14 September 2012

Dear All,

Kindly help me out !!!

H. S. Thukral (Lawyer)     14 September 2012

If you have served for 240 days in the fifth year, you shall be entitled to Gratuity. 

Shreyas (SSE)     14 September 2012

Dear Harbhajan,

Thanks for your quick reply.

is it 240 working days?

Kumar Doab (FIN)     14 September 2012

Learned Mr. Thukral has resolved your query.

Payment of Gratuity Act, 1972

Section: 2A
Continuous service.

For the purposes of this Act, -

(1) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order [***] treating the absence as break in service has been passed in accordance with the standing order, rules or regulations governing the employees of the establishment), lay off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act.



(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than -

(i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and

(ii) two hundred and forty days, in any other case;


If you have submitted your notice of resignation of one month, you have notified the company of your date of retirement. You may request in writing under acknowledgment, the good offices of your company i.e. appointing authority, MD, Chairman, with a copy to Head-HR to compute the payment of gratuity in your FNF statement/settlement.

You may submit FormI under acknowledgment to the o/o Appointing Authority. You may also submit copy of FormI to the O/o Controlling Authority which may be ALC in your case, under acknowledgment.


Section: 7
Determination of the amount of gratuity.

(1) A person who is eligible for payment of gratuity under this Act or any person authorised, in writing, to act on his behalf shall send a written application to the employer, within such time and in such form, as may be prescribed, for payment of such gratuity.

(3A) If the amount of gratuity payable under sub-section (3) is not paid by the employer within the period specified in sub-section (3), the employer shall pay, from the date on which the gratuity becomes payable to the date on which it is paid, simple interest at such rate, not exceeding the rate notified by the Central Government from time to time for rep



RULES, 19721



7. Application for gratuity.-(

Provided that where the date of superannuation or retirement of an employee is known, the employee may apply to the employer before thirty days of the date of superannuation or retirement.


The HC,SC judgments are enclosed

Attached File : 281489574 13 13 gratuity 20 20madras 20hc 20judg 5b1 5d 1 .pdf, 281489574 surendra kumar verma etc vs the central government ... on 23 september, 1980.pdf downloaded: 171 times

Shreyas (SSE)     14 September 2012

Thanks Kumar

But in my situation, what will be the status?

H. S. Thukral (Lawyer)     15 September 2012

240 days include holidays, weekly off and days of authorised leave. 

Shreyas (SSE)     15 September 2012

ok Thank you...

So now Am I eligible for Gratuity? Coz my HRs are telling that you have to stay complete 5 yrs !!!

Shreyas (SSE)     05 October 2012

Hi All,


Can someone send me a copy of law which solves my case.

Kumar Doab (FIN)     05 October 2012

HC and SC decisions are already enclosed.

Submit Form I under proper acknowledgment to both, o/o your Appointing Authority and Controlling Authority of Gratuity which may be ALC in your case. It is a simple thing which you have to do. Take the help of elders in the family, competent and experienced well wishers to submit this FormI.

Section: 7
Determination of the amount of gratuity.


(a) If there is any dispute as to the amount of gratuity payable to an employee under this Act or as to the admissibility of any claim of, or in relation to, an employee for payment of gratuity, or as to the person entitled to receive the gratuity, the employer shall deposit with the controlling authority such amount as he admits to be payable by him as gratuity.

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