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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 ..... Gratuity Eligibility if employer seized the services before completion of 5 years X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 [email protected] Whats app 7062740479 Reply By YAGAY andSUN: The Reply: By virtue of the judgment of Supreme Court rendered under the provisions of the Ind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ustrial 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 G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ratuity 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." Reply By Ramesh Kothari: The Reply: Dear Mr. Yagay This not relevant answer . Because emploere asked to leave after 2.5 years but ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 cited 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 se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 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. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case laws is there when employee remove before 5 years of services and gratuity not paid X X X X Extracts X X X X X X X X Extracts X X X X
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