Chartered Accountant
1572 Points
Joined August 2008
This is one the most frequently asked question and there are various views available on it.
In one of the case, Madars High Court has held that an employee who has completed 4 years and 240 working days in 5th year will be entitled for gratuity i.e. 4 years 10 months and 11 day.
Although, there is no amendment made in the gratuity act, hence the confusion. If you ask me i will take it as, if your establishment is in Madaras then 240 working days in 5th years will be considered else you can only claim when you complete 5 years.
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