Gratuity for 4 years and 240 days
7 months ago
I have worked for 4 years and 10 months. As per the various references and particularly as per MADRAS HIGH COURT judgement, employee is eligible for Gratuity.
However, kindly prove guidance with respect to the new Judgement by M/S ALVAS INSTITUTE OF
ENGINEERING AND TECHNOLOGY vs vs The State Of Karnataka on 28 June, 2022.
Which Judgement prevails and why?
A.Dear Client,
Both the judgments passed by the Hon'ble Madras High Court in the case of The Management Of vs The Appellate Authority dated 15 February, 2011 and the Hon'ble Karnataka High High in the case of M/S Alvas Institute Of ... vs The State Of Karnataka dated 28 June, 2022 are relevant in your case. While the Madras High Court clarifies the provision of Sec.2A(1) of the Payment of Gratuity Act, the Karnataka High Court clarifies the provision of Sec.2A(2) of the Act with regard to the eligibility of an employee for payment of gratuity u/s.4 of the Act. The verdict of the Karnataka High Court is more relevant to your claim. These judgments are not specific to any state and apply uniformly across the country. As long as you meet this criterion during your 5th year of service, you will be eligible for gratuity. In summary, you may be eligible for gratuity under both situations.
Both the judgments passed by the Hon'ble Madras High Court in the case of The Management Of vs The Appellate Authority dated 15 February, 2011 and the Hon'ble Karnataka High High in the case of M/S Alvas Institute Of ... vs The State Of Karnataka dated 28 June, 2022 are relevant in your case. While the Madras High Court clarifies the provision of Sec.2A(1) of the Payment of Gratuity Act, the Karnataka High Court clarifies the provision of Sec.2A(2) of the Act with regard to the eligibility of an employee for payment of gratuity u/s.4 of the Act. The verdict of the Karnataka High Court is more relevant to your claim. These judgments are not specific to any state and apply uniformly across the country. As long as you meet this criterion during your 5th year of service, you will be eligible for gratuity. In summary, you may be eligible for gratuity under both situations.
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