Friends,All of us in a confusion Can a service of 4years, 10 months constitute 5 years continuous service ?Answer is : yes, by virtue ofhte judgement of supreme court rendered under the provision of ID act in Surendra Kumar V. Central Govt. Industrial Tribunal (1980 (4) 433), it is enough that an employee has a service of 240 days in the preceeding 12 months and it is not necessary that he should have completed one whole years service. As the defination of continuous service of ID act and Payment of Gratuity Act is Synonymous, the same priciple cab be adopted under the act also and hence an employee rendering service 4 years 10 months and 18 days is considered to have completed 5 years continous service under Sec 24 (2), and therby is eligible for gratuity.Ref book : Guide to Payment of Gratuity Act 1972 - S.D.Puri.Please if you have any other reference against it or favour it please send me.Swarnali
From India, Madras
3From India, Madras
Sir, I would like to know the position of a situation wherein an employee is terminated from service due to the closer of the firm and at the time of closer he has completed 2 years. Kindly tell me what benefit he can sought from his management With regards, Ramesh
Thanks a lot swarnali for the post. I have heard of a judgment in this regard in Madras High Court and Delhi High Court. But I didn't find the text. If you have the full text or the case reference no please send it. Regards, Madhu.T.K
From India, Kannur
From India, Kannur
This position is wrong and the supreme court judgement will not hold good because the amendment to the came out in 1984 after the Supreme court judgement.
The madras high court has erred in their judgement
From India, Bangalore
The madras high court has erred in their judgement
From India, Bangalore
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FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc