In Mettur Beardsell Ltd. (represented by Its Personnel Manager), Madras vs. Regional Labour Commissioner (Central) : (Authority under Payment of Gratuity Act). 1. Madras & Others (W.P. No. 2135 0f 1987 decided on 12.6.1996) PAYMENT OF GRATUITY ACT~ 1972- 1998 LLR 1072 the Madras High Court has upheld such claim of less than 5 years actual service as eligible. The headnote reads as follows:
Sections 2(a), 2(b), 2(c), 2(e) and 2A - 'Continuous service' - Qualifying period of service by an employee -Entitlement of Gratuity - An employee rendering continuous service for a period of 240 days in a year will be deemed to have continued in service for 'one year as stipulated by section 2A of the Act -Thus an employee who has put in service for 10 months and 18 days for the fifth year subsequent to first 4 years should be deemed to have completed continuous service of five years -His claim for gratuity is tenable
To my knowledge there is no Supreme Court judgement on this point.
So there is enough basis for drshaumil to make a claim as he works for 5 days in a week and after completion of 4 years and 190 days of actual working.
10th July 2018 From India, Mumbai
My opinion is that five years are to be completed and then it will be seen if in last year 190/240 days work has been done.
I am yet to hear from any member who has raised this type of query whether he/she got Gratuity after actually completing only 4years.190/240 days.
10th July 2018 From India, Pune