Gratuity Eligibility if employer seized the services before completion of 5 years

[Ramesh Kothari]

I would like to know that if employer asked his employee to leave the job before completion of 5 years of his services (seized of employment). In that case will gratuity payable to employee.

As per gratuity act it is applicable only after completion of 5 years of services. Is there any provision if employer seized the services of employee before said period. Pl let me know. Is there any case laws on this issue

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Whats app 7062740479

AI Summary

Gratuity eligibility depends on completion of the statutory service period; premature termination generally precludes entitlement under the statute.
Gratuity eligibility when employment is terminated by the employer before the statutory qualifying period hinges on whether continuous service can be deemed to meet the threshold; one reply cites a principle equating sufficient days worked to a year to treat near complete tenures as qualifying, while others maintain that where total service falls substantially short of the qualifying period gratuity liability does not arise, and the question persists whether contractual inclusion of gratuity in CTC alters statutory entitlement.