Last post December 14, 2015 04:48 AM by vchouhan. 1 repiles.
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?
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.
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.