Gratuity for 4 yrs 11 months, and 5 days - Any pointers to law books or legal docs supporting my case?

hi
i disagree with Mr.Gupta.
as per the amendent act whoever completed 4 years and 240 days are eligibel for gratuity. i think same subject was discussed around 6 months bach and we all had carified this. am herewith encllosing the amendment act too for your reference.
Pradeepan

Dear Anurao,
As per Sec. 2A of the Act, if you have attended for 240 days for the purpose of "continuous service", you are perfectly eligible for gratuity. You can claim gratuity from your employer.
Regards

dear all
GE
regarding gratuity when u r going to pay gratuity pl consider the two things first
a) Eligibility
b) Calculation
As far as elgibility first 5 yrs uhave to completly complete. In the act never say to nearest round up for the first 5yrs.
As far as calculation act say to round up the nearest
conclution - anu is not eligible for gratuity.
thanks

There was some mis understandings due to one verdict from Supreme court and another one from Madras High Court that if there is an attendance of 240 days in the last year, it will be considered as a full year.
When I went for a detailed study, to my knowledge, after the above judgements the act is amended as under :
1. Minimum eligibility to get Gratuity is 5 years.
2. In the case of permanent employees, for the preceeding 12 months, there should be a minimum attendance of
a) 190 days
i) for those work in Mines
ii) for those work for less than 6 days in a week
b) 240 days in other cases.
i.e 240 days is minimum attendance in 12 months.
Abbas.P.S

the basic condition for the eligibility of gartuity is to complete 5 years.
the rule of 6 months or more will apply for the calculation of gartuity but not for eligibility
so you are not eligible for gratuity
nagarraj

I am based in Bangalore. I havent heard from my ex-employer yet about my elegibility. I have collected a mixture opinions in this forum.:-)I am in a dilemma now.
I will confirm what happens when my ex employer updates me!
Thank you
Anu

Dear V.K. Gupta & Anil Kaushik,
Regarding calculation of Gratuity, fraction of more than 6 months will be rounded up to next full year. For this purpose 240 days is not required.
Abbas.P.S

Dear Anurao,

May I request you to please immediately file claim with your former employer for payment of gratuity for services rendered by you for 4 years 11 months and 11 days. The Payment of Gratuity Act, 1972 is very clear that one has to complete 5 year minimum service for becoming eligible for payment of gratuity. For those who could not complete this provision of 5 years, there are explanations / provisions that period over and above 6 months is to be rounded off to the next full year. The law has sanctity. So have the provisos and explanations too. For getting the benefits in actual, you have to actually file the claim for gratuity. Unless you file the claim for gratuity, the employer is not legally bound to give explanation or pay the gratuity. Once you lodge the claim, the administrative machinery will start functioning and either pay you gratuity or repudiate your claim.
If the claim is repudiated, the employer will give you explanation for his action. We can then discuss the matter in this forum. So please file the claim and intimate us the final result. Lodge claim for gratuity of full year service stating that period of 11 months and 10 days has been rounded off to next full year, total five year service. Ensure that you did not have 'leave without pay' during this period which is not considered as qualified service. Here is also one more explanation / proviso. Leave without pay on medical ground is considered qualified service. Most important factor - is - your gratuity claim filed with the employer in the prescribed form. In the absence of your claim, your eligibility is not sufficient for payment of gratuity. When you get the gratuity, please do remember to inform us on this forum. Thanks and regards,

Shyam Agrawal

Hi Everyone,
In relation to this thread, kindly clarify the below doubts.
Is Gratuity amount to be considered under CTC ? and can we reflect the same in Salary Slip OR Detailed Salary Break-up annexture?
Thanks
kevina

Dear Mr.Pradeepan
There is no amendment to the act in this regards
It is only Madras high court judgment
NO CASE LAW FROM APEX COURT
It may applicable to only to TN State but not to other states
AS per act 5 years service is must.
regards
Prasad SBR
Prasad