Gratuity Payable or not - 4 yrs and nearly 9-10 month and resigned

One person has worked in an Organisation for 4 yrs and nearly 9-10 month and resigned from the service. now he is claiming for gratuity stating " since i worked 4 yrs and 240 days continuous service in 5th yrs kindly settle my gratuity amount" in view of above whether he is entiled for gratuity as per gratuity act 5 yrs service is required.
21st January 2009 From India , Calcutta

Sir in the PG Act nothing has been mentioned for such situation, but it is cleared that continuous service means 12 calender month hence in my opinion it will not be appropriate to consider the demand of employee.
29th September 2010 From India , Koraput

Hi All,
I have one doubt related to Gratuity Payable. I need clarification if someone knows answer. Let’s assume employee completes 5 yrs of service with company but when he completes 5 yrs of service if he is servicing notice period then in this case is he eligible for Gratuity
Thanks,
Manisha
Hyderabad
7th January 2011 From India ,

I completde 5.1 years with a MNC company .My company is saying that for the 1st year I am in training period.So it does not count,
Is it true that training period will not count?
What is the actual rule?
24th September 2011 From India , Delhi

Dear Pramod
4 years and 240 working days are only mentioned and not that 240 days.
That means 4 years 9 months and 1 week service is minimum requirement for those organisation working weekly 6 days, i.e., weekly off must be excluded from that 240 days.
Hence whoever completed 4 years and 8 months are not eligible for Gratuity.

24th September 2011 From India, Kumbakonam

Dear Anil
The training period, Probation Period, Orientation Programme period and any other period whatever it may be, if the person engaged by your company means he is eligible for Gratuity, if he serves for more than 5 years period.

24th September 2011 From India, Kumbakonam

judgement copy attached herewith for reference please
21st March 2018 From India , Jhansi

Attached Files

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Madras High Court Juggement on Gratuity.pdf (1.46 MB, 3 views)