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Suresh (ABC)     25 June 2012

Gratuity - eligible or not??

Dear Expert,

Need your assistance, could you please help whether I am eligible for a gratuity payment or not:

I have joined the present company on 12- Nov -2007 and my last working date is 13-June-2012. Please help me whether I am eligible for a gratuity. If so, please provide the required details for me to position well to receive the said amount as gratuity.

Thanks in advance for your support and help.




 9 Replies

Prasun Chandra Das (Banker)     25 June 2012

Since you have not completed 5 years of continuous service, you are not eligible for gratuity.

nitin saxena (practice)     26 June 2012

you are eligible for graduity

nitin saxena (practice)     26 June 2012

you are eligible for graduity

Kumar Doab (FIN)     27 June 2012

Payment of Gratuity Act, 1972

Section: 2A
Continuous service.

(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;

Kindly relate it your case.

Attached File : 262484624 paymentofgratuityact(1).doc downloaded: 81 times

NRK MURTHY (Manager)     27 June 2012

Dear Sir,

you have not completed 5 years of continuous service so you are not entitle for gratuity.

Kumar Doab (FIN)     27 June 2012

SC judgement:

"hence an employee rendering service of 4 year 10months 11days is considered to have completed 5 years continuous service under sec.4(2) and thereby is eligible for gratuity."

HC judgements is also attached.

Kindly go thru a very informative thread at LCI:

Forum Home > Labour & Service Law > Gratuity > Clarity between gratuity eligibility service (5 or 4.8 yrs)?


at the following link:




Attached File : 262636616 13 13 gratuity 20 20madras 20hc 20judg 5b1 5d 1 .pdf, 262636616 surendra kumar verma etc vs the central government ... on 23 september, 1980.pdf downloaded: 149 times

Prabakaran (Consultant)     03 July 2012

Dear Sir,

Can you please clarify my query? I worked in a Software company in Hyderabad from Nov 2003 to Nov 2007 and was transferred to it's US office . I worked in US office from Nov 2007 till I resigned in Oct 2011.

Can you please let me know whether I am eligible for Gratuity at my Indian Office?





NRK MURTHY (Manager)     03 July 2012

Dear Sir,


YOu are eligible for gratuty because any where you worked for company on company rolls


Kumar Doab (FIN)     03 July 2012

@ Prabakaran,


Another employee has posted similar thread:


Forum Home > Business Law > > Re:Gratuity eligibility


At the following link:

You may go thru it.

PF and Gratuity are covered under Social Security Laws. The gratuity act is to benefit the employee and employer should on its own arrive on a conclusion which benefits the employee. If there are many employees in such a situation then employee can also accuse the company that it is taking away the social security benefit in the garb of unexplained rules.


Valuable advice of learned experts/members is sought.

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