I am completing 4 years 8 months in a company and last day is 28th Nov 2022 and joining date was 28th March 2018.
Am I eligible for gratuity ? please confirm.
\\\"As per Madras High Court judgement in a case of Mettur Beardsell Limited [represented by its Personal Manager], Madras v/s Regional Labour Commissioner [Central Authority under the Payment of Gratuity Act, 1972], Madras, it has been stated that if an employee has rendered continuous service of 240 days in the fifth year of service then for the purpose of calculation of gratuity, it must be considered as if he has completed FIVE years of continuous service.\\\"
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Anonymous
Replied 1 year ago
yes it is 245 days in the last year, could you please provide me any link or reference so that I can put infront of them and ask for my gratuity amount.
Subhashis Paul
Responded 1 year ago
A.According to the Gratuity Act, 1972 an employee is liable to get Gratuity only after completion of 5 (Five) years in an organisation. Since you are completing only 4 years and 8 months therefore you shall not be eligible for claiming gratuity as per the provision of law.
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Anonymous
Replied 1 year ago
I have seen on google like if we completed 190 days and 240 days for the last year then eligible.
I am completing around 4 years 245 days including weekends and 176 days excluding weekends. Am I eligible in this situation ?
if 190 days for 6 business days and 240 days in 5 working days, may I know gratuity days calculates including weekends or excluding weekends, please confirm
Subhashis Paul
Replied 1 year ago
You need to have a direct consultation further for exact judicial remedy ... Hence kindly contact Vidhikarya Law Firm for getting the proper guidance and assistance.
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Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
labou...
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