Labour Law & Hr Consultant
S S Mishra
Sme-hr & Employment Laws
Service has been interrupted on your own accord. Therefore, you will not be eligible for Gratuity.
However, as you mentioned that you served for 4 years 9 months...more precisely if you worked 4 years 240 days. You may claim Gratuity for that period if denied then move an application before Controlling or Appellant authority for resolution.
You may refer judgement of Madras High Court in this regard.
2nd December 2017 From India
3rd December 2017 From India, Delhi
4th December 2017 From India, Pune
6th December 2017 From India, Mumbai
Though the situation visualized by Mr.KK!HR is only hypothetical, the claim for gratuity combining both the spells together as one would be sustainable subject to the subsistence of the conditions mentioned by him.
6th December 2017 From India, Salem