Think HR Think CHRM
Sunday - 8 Dec 2019 on LinkedIn
Username : Password: Forgot Password?
Reg. Gratuity eligibility
Human Resources » Industrial Law & Discipline

Chrm Message From: chaitali Total Posts: 14 Join Date: 01/12/2008
Rank: Executive Post Date: 22/05/2011 02:28:42 Points: 70 Location: India

Hello all,

Please clarify my doubt, If a person has continuous service for 4.9 months, is he/she is eligible for Gratuity?

Is 5 yrs is a minimum criteria?

Chrm Message From: dipankar Total Posts: 45 Join Date: 01/12/2008  
Rank: Executive Post Date: 22/05/2011 02:30:00 Points: 225 Location: India

In one case The Madras High Court has held that an employee rendering continuous service for a period of 240 days in a year, e.g., the fifth year will be deemed to have continued in service for one year as stipulate by section 2A of the Act. Accordingly, an employee who has put in service for 10 months 18 days for the fifth year subsequent to first 4 years should be deemed to have completed continuous service fo 5 years and is entitled to get gratuity.

The high court also distinguished the earlier ruling of Andhra Pradesh high court wherein it was held that an employee who has worked for 4 years and 11 months and 10 days having not completed five years of service will not be entitled for gratuity.

(Mettur Beardsell Ltd Vs. Regional Labour Commissioner, Madras, 1998 (Mad. HC)

I hope now your doubt must cleared.

Chrm Message From: oxymoron Total Posts: 1 Join Date: 01/12/2008  
Rank: Beginner Post Date: 23/05/2011 02:57:36 Points: 5 Location: India

Gratuity Calculation is calculated by your experience in an organization where you are working for more than or equal to 5 years. You have mentioned only 4.9 months. but gratuity payment needs 5 completed years to pay. If you need more information about gratuity calculations, visit or google with the keywords "gratuity
calculation india "  .
Chrm Message From: pranabbanerjee Total Posts: 1 Join Date: 01/12/2008  
Rank: Beginner Post Date: 23/05/2011 22:04:15 Points: 5 Location: India
As per the Gratuity Act 1972 and which amended latter, it is clear that no one can entitled to get the benefit of Gratuity Amount below completed 5 years.
In this Regards I have already prepare a Gratuity Calculation Software in Excel, which attach herewith.

The attachment file can be viewed at Knowledge center >> Compensation and Benefits >> GRATUITY Calculator for Central Govt & Private Concern only.xls
Chrm Message From: suraj2 Total Posts: 19 Join Date: 01/12/2008  
Rank: Executive Post Date: 06/06/2011 01:42:02 Points: 95 Location: India

For pension fund if any one has served for less than 6 months he/she cannot withdraw pension fund as per Rules.

The only option available with he/she is to transfer his/her fund to the present employer and complete more than 6 months ie 8 months or so. He can transfer his/her fund & complete the span of 8 months and withdraw his/her fund.

The eligibilty for pensionable salary is 9.5 yrs.

i hope this is ok.

1 2 Next
Related Discussion
Clarifications on Gratuit
Query on Gratuity
Query Regarding Gratuity
Reg. Gratuity.
Eligibility of gratuity &
Reg : Salary break up
Payment of Gratuity
Related Articles
No Record Found!