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Dear Sir,
I have worked in an organization for a period of 4 year 11 months and 10 days ( Includes notice period). The details are as following
Date of Joining: 26- May - 2014
Last working Day : 10 - May-2019
Sir, please let me know that
Can I eligible for gratuity or not
8th May 2019 From India, Pune
Hi Satish,
You are eligible for Gratuity .
Please check all the conditions mentioned in the Madras HC judgement for more clarity.
Some of conditions like Continuous service for 240 days and other.
Please refer.
8th May 2019 From India, Pune

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File Type: pdf 94783-gratuity-eligibility-4-years-8-months-service-gratuity-judgement-240-days.pdf (1.46 MB, 87 views)

This judgment applies only for TN.
Jurisdiction of Madras HC
8th May 2019 From India, Pune
Dear Sir,
As per my understanding
5 Years Continuous Service
You will get the gratuity only after the completion of 5 years in the service. Also, there should not be any break in the service. It must be continuous.
Note, the condition of 5 years service has a small relaxation. In the last year, mere service of 240 days would be considered as one year. Hence, You would be eligible for the gratuity after 4 years and 240 days of continuous service.
If are working in an organisation which works for 5 days in a week or less, mere 190 days would be counted as last one year. Therefore, in such case, you would be eligible for the gratuity after 4 years and 190 days.
Continuous service means uninterrupted service. But, it does include the interruption due to, leave, sickness or accident. The strike, lay-off, or a lockout is also not considered as an interruption. Indeed, any interruption which is not due to the fault of the employee, would not be counted. But, if you have taken a sabbatical or leave without pay, then your service would get interrupted.
I will share other judgement for reference
8th May 2019 From India, Pune
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