The Madras High Court gave a verdict, that if any employee completes 4 years and 6 months above service, it should be treated as completion of 5 years and the employee is eligible for Gratuity.
This will applicable to Tamilnadu only.
Many Employers are following the Madras High Court judgment as the Gratuity payment is for employee benefit who served for their concern.
Very few companies are strictly following the Full completion of 5 years of service.
you do not consider the first employment experience. you have to calculate the second employement working tenure. if it is completed 5 yrs. means you are eligible for Gratuity. Hope you can understand this.