Gratuity eligibility - confusion with working days

Hi Mr. Kumar

I have really tried to search for the Chhatisgarh High Court case link which will help me put my 4Y190D case forward with my ex-employers, but unfortunately I am not able to find it. May I ask you to kindly share it again please. They are still sticking to the 4Y240D logic even though its 5 days working.

Thanks in advance.

Regards

Abhinav

I do not have access to my library and may not have it for quite some time.

You may search on your own in at;

https://www.lawyersclubindia.com/experts/default.asp

Just punch the key words e.g. Gratuity in Box at right hand side 'SEARCH Q&A' and press GO.

https://www.lawyersclubindia.com/forum/default.asp#.VS_j-tyUcqM

Just punch the key words e.g. Gratuity in Box at bottom of right hand side 'SEARCH TOPICS & POSTS' and press GO.

If you are unable to handle the matter on your own entrust to Employee's/Trade Unions leaders, Labor Law Consultant/Service matters lawyer/Law firm.

The Andhra High Court judgment rather lays down:

Andhra High Court

Kothari Industrial Corporation, ... vs Appellate Authority Under The ... on 12 September, 1997

https://indiankanoon.org/doc/762511/

5. Section 2(c) of the Act states that "continuous service" means continuous service as defined in Section 2-A(sic.). Section 2-A of the Act is as follows :-

10………………… and the question of counting the actual working days in respect of them does not arise. As a result, we find that the contention raised by the petitioner is totally meritless. The whole case of the petitioner was based on Lakshmi Vishnu Textile Mills Ltd. case (supra) which as pointed out already has been overcome by the Legislature itself by amendment in the Act by bringing in Section 2-A on the statute book, In result, both the writ petitions are, in our view, totally meritless and deserve to be dismissed.

It has been discussed in following thread;

https://www.lawyersclubindia.com/forum/Steps-to-submit-form-i-in-payment-of-gratuity-act-1972-116100.asp#.VS_tbNyUcqM

and judgment can also be downloaded......

You may also draw the attention to word' WHOEVER' avoids  to pay Gratuity .....................and penalty of Rs.20000/ and punishment with jail time as in Sec:9................

Dear Sirs,

Please can you clarify on the 240 days clause of Gratuity. I work for an organisation which follows a 5 day work day.

I have resigned and my last working day in 30 April 2019. My joining date was 15 July 2014. 

Kindly let me know if I would be eligible for Gratuity.

Regards