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riteshsparekh
Dear Sir,
I have join my current organization on 13.07.2010 and I have resigned from job on 10.04.2015, company will relieve me from job on 08.05.2015
In this case shall I eligible to get gratutity benifit.
Pls help me and reply.
Thanks
Ritesh

From India, Faridabad
korgaonkar k a
2555

Dear Ritesh ji,
You are completing 5 years of your services on 13.07.2015 and thereafter you are going to be relieved. Beyond any doubt, you are eligible for gratuity.
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From India, Mumbai
nathrao
3124

Dear Mr Korgaonkar, The individual is leaving on 08-05-2015. He is not completing 5 years of continuous service as on 08th May 15.
From India, Pune
korgaonkar k a
2555

Dear Nathrao,
Thanks for drawing my attention to a great mistake of mine. I regret for my mistake. You saved the queriest as well other readers from misleading by my answer.
The correct answer as you said is, the queriest is not at all eligible for gratuity since he is not completing 5 years of services. However, if the queriest is falling in the jurisdiction of Madras High Court, he can take a benefit of Madras HC Judgment in Mettor Beardsell.
Views of this forum are divided in to two in such case wherein the employee completes 240 days in fifth year, as discussed in earlier posts many times.
I once again apologize for my mistake.

From India, Mumbai
nathrao
3124

Dear MrKorgoankar,
My understanding of 240/190 days work in every year would be that in the whole year he has to put in 240/190 days of work.(not work for 4.8 or 4.10 months months and claim gratuity)
Gratuity scheme was put in for various reasons one among them is to ensure people do not keep changing jobs and have an incentive to continue with same employer keeping in view gratuity payments which he can receive after a tenure of five years.this gives stability to worker and firm.

From India, Pune
korgaonkar k a
2555

Dear Nathrao,
You are very correct. But to become eligible for gratuity, one has to complete 5 years of continuous service.
I have been taking the same stand every time in this forum but there are different views on it by many members. In fact I had decided not to participate in this kind of gratuity discussions and waste my time. In the present case I mistakenly read the date of leaving as 05.08.2015 and gave the answer.

From India, Mumbai
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