Hi Pankaj, I was in my last organization form 1st Dec 2005 till 30th Nov 2010, to me it seems like complete 5 yrs. but they are saying I am one day less in completing the 5 yrs period and I am not eligible to receive gratuity.
Please let me know if I am eligible for Gartuity in above mentioned situation. And if I am eleigble but my Organization doesn't agree, where and how can I approcah.
Thanks Karmendra
You are eligible to get gratuity even if you have worked for 4 years & 11 months. The Madras HC in the case of Mettur Beard Sell Ltd Versus RLC has decided the same type of issue. It was held that any employee who completes 240 days of service in a year in the 5th year will be deemed to have continued in service for one year as stipulated by sec. 2(a) of the Payment of Gratuity Act. It was held that an employee who has put in his services for 10 months and 18 days for the 5 year subsequent to first 4 years should be deemed to have completed , continued servcice of 5 years and is entitled for gratuity.
The case was reported as 1998 LLR 1072 (Mad H.C.).
