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Is my father legally entitled to gratuity from a partnership firm?
21-Jul-2026 (In Labour & Service Law)
My father worked in a partnership firm for about 20 years. The establishment had more than 15 employees/labour. He was terminated from service. The employer is refusing to pay gratuity, saying it is a partnership firm. Is my father legally entitled to gratuity under the Payment of Gratuity Act? Can a partnership firm deny gratuity on this ground? What is the best legal remedy and what are the chances of success?
Yes. If the partnership firm employed the required number of employees and your father completed at least 5 years of continuous service, he is generally entitled to gratuity under the Payment of Gratuity Act; being a partnership firm is not, by itself, a valid ground to deny it.
The appropriate remedy is to file a claim before the Controlling Authority under the Act, and if the eligibility conditions are met, the chances of success are generally strong.
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Adv. Riddhi Pratap Bothara
Pune | 5+ Answers
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