Payment of Gratuity Act

Thanx sir, can get this judgement/citation!
vasudevan

Hi All,

I am a software engineer in a MNC Bangalore. I've completed my 4 years & 6 months of employment.

Will I be eligible for Gratuity? Is it mandatory to complete 5 years?

Sudarshan

Dear Sudarshan

Yes, I think its mandatory to complete 5 years service in a co. to be eligible for gratuity as per existing provisions of the act.

S C DANEJ

I am also in a similar situation. I worked for an employer for 4 years and 8 months and 3 days. They say you need to complete 5 calendar years. Gratuity act section 2 states more than 6 months continuous service is considered as 1 year. Madras High court also has passed a ruling in one case. I would like to know if the Madras High court ruling can be cited as a precedence to put forth a claim for gratuity.

http://www.caclubindia.com/forum/files/33_madras_hc_on_gratuity_4_5_yrs.pdf

"More than six months to be considered 1 year" is applicable to the calculation part once the eligibility of 5 years is established. Therefore, with 4 years,8 minths and 3 days continous service one does not become eligible to receive gratuity.