L.C.PAL (n/a) 20 October 2007
PBS KUMAR (n/a) 22 October 2007
L.C.PAL (n/a) 22 October 2007
swetha1983 (n/a) 22 October 2007
firstname.lastname@example.org (n/a) 27 March 2008
DEVAKANTH (EXECUTIVE) 27 February 2010
Please let me know whether this act/law ( eligibility fo gratuity if the emloyee who serves for a minimum of 4 years& 240 days in fifth year) is applicable for all company.
My company (Public Limited Company) contributes the amount with Group Gratuity Fund and in turn the Fund amount being deposited with LIC of India.
Please let me know whether an employee can claim for Gratuity if he server for a minimum of 4 years and 240 days in the fifth year. Or is it the company's descretion to pay the Gratuity ?
Ajay Aggarwal (CFO) 06 March 2010
I have served 4 years and 9 months from my date of joining.Am I eligible for gratuity.I saw some old posts and want to check latest position of law and cases as it stands today in March 2010
DEVAKANTH (EXECUTIVE) 08 March 2010
I have also got an information that there would be several cases can be filed against employee on the grounds of code of conduct, mis utilisation of funds or mis behviour in the office premises etc in order to fight against the employee or to calm down the employee.
Is it correct or not. Please reply.
Sweta Jain (Director) 11 April 2010
Dear Mr. Pal,
I had the similar doubt....i got know that if any judgement is passed by the madras court will be applicable only in that particular state. For all other states only a Supreme Court Judgement will be applicable.
is the above true? if yes than is there any Supreme Court Judgement.
Please reply it is very imp and urgent for me.
Kirit (Consultant) 10 August 2010
What Happens to the contributions made towards gratuity if an employee leaves service before 5 years, say after 3 years?
Kaushik (xyz) 12 August 2010
I have worked in a reputed company at a strech 4 yrs 270 days, but company is not paying me gratuity. Pls advise what type of legal action should I take ?
SK (Software Engg) 24 January 2011
Apart from the useful info already there in the above posts - I would also like to contribute a detailed treatment of
the sections in the Act from which we can infer that 240 days of service should be considered as one year of continuous service.
Gratuity Act at
the definition of the term “continuous service” in Section: 2 Definitions is as below
Definitions.(b) “completed year of service” means continuous service for one year;
 [(c) "continuous service" means continuous service as defined in section 2A;]
Section 2A itself is defined as below
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….
(2) where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer -
(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;
As per this definition, 240 days of service should be considered as one year of continuous service
I have discussed this issue in detail at my blog
https://gratuitypayment.wordpress.com/20 ... typayment/
Chandar Narayan (Accounting and Reporting Lead) 23 April 2011
Is 240 days mean calendar days or working days. I have completed 4 years and 9 months of service as on today. So shall I be entitled to Gratuity although I have not yet completed five years of service