Gratuity applicability before completion of 5 years - worked for 4 years 7 month 15 days

kukreti.manish1986
Hello Sir, I have worked in a company of providing services. I have worked for 4 years 7 month 15 days. Kindly advise am i eligible for gratuity. As per gratuity act i am eligible for gratuity after completing service of 5 years. Awaiting for your soonest reply.
R.N.Khola
Dear Manish,
You are not entitled for gratuity payment for this period of service under the PG Act, 1972.
R N KHOLA
gautam-das
Hello sir , I have completed 4 years 10 months 27 days in the company. Please advise wether I am eligible for Gratuity or not. As per Gratuity act employee is eligible for Gratuity if he continuously work in the same company for 4 years 240 days.
Bhartiya Akhil
Dear Gautam-Das,
You will get mixed answer to you. Many learned members will say that you are eligible for but I will say that you are not eligible, seeing you are from Delhi from your profile.
My advise to you is under this circumstances, not to spend your time knowing the answer from such forum and make your claim for gratuity with your employer. If your employer deny then approach the controlling authority. If the controlling authority also deny then approach the court.
You make a request every where as stated above to apply the analogy of judgements by HC at judicature Chennai and Kerala.
Bhartiya Akhil
Dear Kukreti.Manish1986,
I agree with our learned member R N Khola. You are not entitled to gratuity. You have not even completed 240 days in 5th year of your service.
I suppose you are from Kochi. Your employer is bound to obey the judgement of Kerala HC if you complete 240 days in 5th year.
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