Am I eligible for gratuity after working six years at my company in Howrah?
AM Asked by Amit Kumar from India
Quick Answer
Yes, gratuity is payable under the Payment of Gratuity Act, 1972 on completion of five years of continuous service, with eligibility counted from the date of joining in Howrah.
Detailed Legal Analysis
Yes, gratuity is payable under the Payment of Gratuity Act, 1972 on completion of five years of continuous service, with eligibility counted from the date of joining in Howrah. The quantum is 15 days' wages for each completed year of service, calculated on the last drawn salary.
Claims are filed before the Controlling Authority and appeals lie before the Calcutta High Court under Section 7 of the Act. Employers in West Bengal must also comply with West Bengal Premises Tenancy Act 1997 governing the West Bengal Shops and Establishments Act.
The maximum statutory limit on gratuity is ₹20 lakh as amended. File the claim within the limitation period of one year extendable.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.