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Gratuity Eligibility if employer seized the services before completion of 5 years, Other Topics

Issue Id: - 115324
Dated: 15-8-2019
By:- Ramesh Kothari
Gratuity Eligibility if employer seized the services before completion of 5 years

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I would like to know that if employer asked his employee to leave the job before completion of 5 years of his services (seized of employment). In that case will gratuity payable to employee.

As per gratuity act it is applicable only after completion of 5 years of services. Is there any provision if employer seized the services of employee before said period. Pl let me know. Is there any case laws on this issue

rk21759@gmail.com

Whats app 7062740479

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Showing Replies 1 to 3 of 3 Records

1 Dated: 16-8-2019
By:- YAGAY andSUN

By virtue of the judgment of Supreme Court rendered under the provisions of the Industrial Dispute Act in SURENDRA KUMAR VERMA & ANR. VERSUS CENTRAL GOVT. INDUSTRIAL TRIBUNAL CUM LABOUR COURT NEW DELHI [1980 (9) TMI 285 - SUPREME COURT], 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 10 months 11 days is considered to have completed 5 years continuous service under sec.4(2) and thereby is eligible for gratuity."


2 Dated: 16-8-2019
By:- Ramesh Kothari

Dear Mr. Yagay

This not relevant answer . Because emploere asked to leave after 2.5 years but before completion . Whereas you answer abt completion of 4years 11 month on basis of 240 days working in one year


3 Dated: 17-8-2019
By:- Ganeshan Kalyani

Sri Ramesh Sir, have you gone through the case law cited by Sri. Yagay Sir.


1

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