Santosh Bakale
Asked January 03, 2020

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I am working for software company in Bangalore. I want to know whether i will get gratuity if i worked for 4 years 11 months. Let me know what is the exact minimum years months and days to get gratuity. Thanks.

Answer 1

As per Gratuity Act 1972,an employee becomes eligible for gratuity only after completing minimum 5 years continuous  service in an organisation.

In a case Madras High court allowed for one who had less than 5 years service.But in another case A P High court in P.Raghavulu Case ,upheld the decision of the employer in disallowing the payment of gratuity for an employee with less than 5 years service.So in all probability an opinion can be given as per the provision in the Gratuity Act. Before completion of 5 years service,one becomes eligible if the death occurs or becomes disabled due to accident.Since you being in Bangalore,your employer may not oblige since Madras High Court decision is applicable with in the state of T N. As a social welfare legislation, if you feel that there can be a favourable interpretation in your favour you can also approach the judicial forum in Bangalore for any favourable decision.Only there ,a ray of hope exists.

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