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msv8200
1

it is clear from the provision of the Act itself (Section 4(1) read with Section 2A and 2(b) that a employee who has put in 240 days or more of service in the 5th year, subsequent to the first 4 years, should be deemed to have completed continuous service of 5 years and is entitled to get gratuity under the Payment of Gratuity Act. 1972.
From India, Chennai
ramachandraiah sathishan
2

In case of death of the employee before completing 5 years of continuous service, nominees are eligible for payment of gratuity.
From India, Mumbai
swapchow
1

Our member friend Mr.Rajiv Singh is absolutely correct.
The Madras High Court has held that an employee rendering continuous service for a period of 240 days in a year e.g.fifth year will be deemed to have continuous service for one yearas stipulated by Section 2A of the Payment of Gratuity Act.[ Mettur Beardsell Ltd., Madras Vs Regional Labour Commissioner(Central) Authority under the Payment of Gratuity Act, 1972]
Regards,
Swapan

From India, Bokaro
paramanmba
1

Dear Manivel,
It is better to stay there for another 2 months to get eligibility as per the Payments of Gratuity Act. Bcoz the act clearly defines that one have to completes his 5 years tenure for getting eligibility. So, why to give chance for refusement? Do your best.
Regards,
P. Paraman.

From India, Selam
kukreti.manish1986
Hello Sir, I have worked in a company under shop and establishment act. I have worked for 4 years 7 month 20 days. Kindly advise am i eligible for gratuity. As per company norms they want me to complete 5 years and then only i will be eligible for gratuity.
Awaiting for your soonest reply.
Rgds,
Manish

From India, Kochi
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