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How to claim gratuity employer denying to pay


10-Jul-2023 (In Labour & Service Law)
I had served for 4 years 11 months and 22 days for company after that I have resigned form that and that time I was not aware from Gratuity payment but after 1 and half year one of colleague received gratuity from same company from which I had resigned, so I have applied for gratuity but employer rejected my application and told me that the 5 year is not completed. But according to P.G act 1972 section 2(A) my services is consider as 5 year of continues services, Please help what should I do next?
Answers (2)

Answer #1
562 votes
You are not eligible for gratuity as you have not completed 5years.
Your friend must have completed 5 years it is why he got gratuity.
Secondly you cannot say I was not knowing law. Take care in future.
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Answer #2
890 votes
You are eligible for the payment of gratuity amount because you have complicated four years full and 11 months and 22 days and judgement of supreme court on American Express is applicable to your circumstances and count the Saturday and Sunday and public holidays for count of service
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