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karabi (Sr project manager)     14 May 2014

Solicit help with respect to gratuity

Requesting help and would appreciate highly. I am employed by a Pvt ltd company and date of joining is 26th July 2009. My company's HO is in hyderabad. I am an employee of their subsidiary at Kolkata. We have a 6 days a week policy. My last day of working here will be 30th June 2014. Am I eligible for gratuity?

 

Can you please help?

 

regards,

KB



Learning

 2 Replies

Sanjay Malik (Manager- Legal & Compliance )     14 May 2014

Though as per the provisions of Payment of Gratuity Act, continuous service of 5 years is mandatory of entitlement of gratuity, but there is one judgement of Hon;ble High Court of Madras which observed that if any employee completed 4 year and 240 days in 5th year than he/she shall be eligible for gratuity.

most of companies followed this judgement, the judgement is based on the interpretation of definition of continous service, and one year of service.

you consult with yout employer and appriase about the same, if not willing to accept than can seek intervention of controlling authorities under payment of gratuity in your area.

Kumar Doab (FIN)     14 May 2014

You are eligible.

The employee can submit FormI (under proper acknowledgment) one month before the date of retirement (say by notice of resignation).

The employer has to supply the payment of Gratuity within 1month of becoming eligible even if no application by employee is made or employee shall be eligible for interest @........... as decided by central govt which was last noted as @10%p.a.

In your case::: establishment working 6days/week,  without  the need of any judgement and in line with explanation of continuous service stated in Sec:2A {2(a) (i) (ii)}................................you are eligible.

 

The provisions of the Act are crystal clear.

You can certainly refer to the judgement.

 

There are many threads on similar queries at:

https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49#.U3Nt-0eBmXU



e.g;

 

https://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp#.U3NuNEeBmXU

 

 

 


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