Discrepancy in Gratuity payout by employer

Question

Discrepancy in Gratuity payout by employer

03-Aug-2026 (In Labour & Service Law)

I was working in pvt ltd company. I joined on 17 July 2006 as trainee for 6 months on stipend, CTC breakup was not provided. From 17 January 2007, I continued on probation period of 3 months and then permanent, company provided CTC breakup, where Gratuity component was mentioned. After 19 years 10 months I left the company on 10 June 2026. On payout of gratuity, company not considered 6 months Trainee period and paid gratuity only for 19 years instead of 20 years. Which years are correct?

Answers (1)

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Advocate Riddhi Pratap Bothara LawRato · Accepted Answer · 2026-08-03T13:15:09+05:30

Answer #1

Based on the facts you've shared, there is a valid legal issue regarding the computation of your gratuity. If your trainee period formed part of your continuous service and was not an apprenticeship under the Apprentices Act, you may be entitled to gratuity for the entire period, including the six months of training. I can examine your appointment letters, trainee terms, salary records, and gratuity calculation, advise you on your legal entitlement and, if required, issue a legal notice or initiate appropriate proceedings for recovery of the balance gratuity amount.

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Adv. Riddhi Pratap Bothara

Pune | 5+ Answers

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