Hi, I joined the current organization (IT services) on the 18th of December 2006. I have just submitted my resignation and have asked to be relieved by the 16th of November 2011 (due to date pressures from the new organization that I'm set to join). Am I eligible to claim gratuity? I see conflicting answers around the 240 days of continuous service conundrum and would much appreciate any clarification you could give around this. I'm aware that there is a High Court ruling (Chennai High Court) in favor and a Supreme Court ruling also in favor. Where do I stand? My company is registered in Karnataka.
From India, Bangalore
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From India, Bangalore
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Since the above court ruling is not incorporated in the Gratuity act, this will not be applicable and in that case you are not eligible
From India, Madras
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7From India, Madras
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Would it help if I engage the services of a lawyer to argue my eligibility? I have seen in some forums where esteemed members have commented that, in general, companies do not pay if the 5-year service clause is not met, but usually pay if they are taken to court. Does this hold any water?
From India, Bangalore
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From India, Bangalore
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Madras HC judg regarding gratuity is applicable if workmen is working 4 years 240 days..pdf