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Period of employment to claim Gratuity.


15-Oct-2023 (In Labour & Service Law)

I worked for an organisation in Mumbai from 1st December 2010 to 7th August 2015. I was denied my gratuity by the company stating i did not work for the stipulated period for eligibility. However, I was told that a recent ruling by Supreme Court states any one serving 4 years 240 days in an organization is eligible to avail the Gratuity. May I have this clarified also if i can get any supporting documents if possible to defend my case with the company.

Answers (1)

Answer #1
322 votes

An employee who has put in his service for a period of 240 days in fifth year will be deemed to have continued in the service for 1 year.

Mettus Beardsell Ltd., Madrs Vs. RLC(C) 1998 LLR 1072(Mad) In case employer fails than you can file a petition with the Asst.Commissioner of Labour of your area claiming Gratuity.

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