TMI BlogGratuity Eligibility if employer seized the services before completion of 5 yearsX X X X Extracts X X X X X X X X Extracts X X X X ..... 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 l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aws on this issue rk21759@gmail.com Whats app 7062740479 - Reply By YAGAY andSUN - The Reply = 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sec.4(2) and thereby is eligible for gratuity. - Reply By Ramesh Kothari - The Reply = 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 - Reply By Ganeshan Kalyani - The Reply = Sri Ramesh Sir, have you gone through the case law ci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted by Sri. Yagay Sir. - Reply By DR.MARIAPPAN GOVINDARAJAN - The Reply = Gratuity liability does not arise. - Reply By Ramesh Kothari - The Reply = Govind sir I know it is not arises as per section 4 (1) of gratuity Act but my question is that if gratuity is part of CTC than it is integral part of salary and same is yearly treatment given in books of accounts when it become to cost of co. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In such case when employer remove employee before 5 years. Gratuity must be given many HR expert have same opinion. However act is mum on this issue and advantage is being taken by the employer Any case laws is there when employee remove before 5 years of services and gratuity not paid - Gratuity Eligibility if employer seized the services before completion of 5 years - Query Started By: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - Ramesh Kothari Dated:- 15-8-2019 Other Topics - Got 5 Replies - Indian Laws - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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