Calculate Gratuity - Claim For Gratuity Or Not?

Dear Rajesh,
Gratuity continuation of services means one who works for 240 days in a year including leaves and holidays. in your case if you work for 240 in the 5th year then you will be eligible for gratuity. In law judgement differs from case to case no can say that in written either your eligible or not.past high court given the judgement that one who works completely in the fifth year then he/she is eligible for payment of gratuity.in case employer is not willing to pay then you can go legally and file the petition in the Industrial Turbinal Cum Addl.Labour court of the jurisdiction of the employer. and also considering the welfare of the employee some companies pays the gratuity in your case its all depends of the Employer and Courts.
I hope this brings you insight to take decision and to act according to that.
Thanks
Naresh

"Judgment from Supreme Court:
"Yes, by virtue of the judgment of Supreme Court rendered under the provisions of the Industrial Dispute Act in Surendra Kumar Verma vs. Central Govt. Industrial Tribunal,[(1980) (4) S.C.C.433)], it is enough that an employee has a service of 240 days in the preceding 12 months and it is not necessary that he should have completed one whole year’s service. As the definition of continuous service in Industrial Dispute Act and Payment of Gratuity Act are synonymous, the same principal can be adopted under the act also and hence an employee rendering service of 4 year 10months 11days is considered to have completed 5 years continuous service under sec.4(2) and thereby is eligible for gratuity."

Dear Rajesh,
Entitlement for gratuity : 5 years continuous service in a organisation.
for calculation of gratuity : not less than 5 years continuous service in a organisation. ( for first 5 years),
Act provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement.
Rajeev Kumar Saxena
999511120

Dear Mr. Rajesh,
As the act clearly says that one should put in continious service of 5 years to be eligible for
gratuity, in such case one should have completed 5 years and nothing short of it.

Mr NV Rao is correct beacuse 5 year continous service is require for gratuity eligibility. in death and parmanent disablement this condition is not applicable

Hi All,
Please respond to my recent updated post in your discussion board!!!!
Regards,
Vinay Gowda

Yes, definitely you are eligible for gratuity as per the provision of the gratuity act. As you said, you have completed the 4.8 years of continuous service in the company. Under your case, only thing is to ensure that you had put in 240 days working attendance (Including W.of, holidays and paid leave) during last 8 months.
As per the act, 4.6 years and minimum 240 days working attendance in the last year is assumed as 5 years continuous service and hence eligible for gratuity.
with Regards,
Gawas V