Gratuity Eligibility and Calculation

Dear all
As far as my knowledge is concerned, a person is eligible for Grautuity only if he/she has completed 5 years of continuous service. But recently i heard about a court order that if a person completes 4.6 years of service, is eligible for Gratuity. Kindly correct me if otherwise. if not could anyone can send/publish the court order please.
Thanks and regards
Meena Kumar V

An Employee with Basic Salary of Rs.11000/- per month (No DA) expires completing 2.5 Yrs of Service (Exactly 30 Months). Before that he was absent for 2 months on account of Accidental Injury. Kindly Help me in Calculating His Gratuity
(BASIC) X (15 /26) X No. OF YEARS WORKS (2 OR 3)
Kindly Help

The employee was on leave for two months immediately preceding the date of death. If that leave was a sanctioned leave with pay he is deemed to have completed 2.5 years. It is stated that any fraction of leave beyond six months (which shall mean at least one day over and above six months) shall be treated as one year. However, being a death case, it is advised to calculate gratuity treating the six months as one year and as such the amount of gratuity shall be Rs 19038 calculated on the basis of 15 days pay for three years. On the otherhand, if two months leave was absence without pay, naturally, the legal representatives of the deceased will receive only two years gratuity since the employee had only 2 years and 4 months service with the establishment. Regards, Madhu.T.K

Thank You Madhu for your Help.
He was on approved leave but as his leave balance was not there so no salary was being paid. I skip to mention that he joined the Duty one month before expiring. So his service is 2 Yrs 3 Months + 2 Months Leave without pay (Due to accident) + 1 Month Duty
Kindly give your guidance under new facts

Normally, loss of pay will be treated as service interruption and if you look at the definition of eligible service for gratuity, it should be uninterrupted service which includes days on which he was laid off, days for which he was under medical leave following an employment injury, days on which he was on approved leave (with pay), maternity leave in case of women employees etc. Therefore, 2 months of leave without pay will not count for his service and qualify for gratuity. Under this circumstance, his heirs are to be paid gratuity for 2 years only. As already stated in my previous post, it depends upon company and there is no law which prohibits from paying anything more than what is stated in the statute and , therefore, if the company desires to pay 3 years gratuity on humanitarian grounds, follow that. But remember that privilege once given can not be withdrawn easily as privileges become right!! Regards, Madhu.T.K

in my organisation one person is completed his service 27year, 5month, 24day. how to calculate the gratuity

My question is if an employees completes 12years and 5 months of continue service, whether he is eligible for gratuity in 12.5 years or 12 years please Guide Me Urgently.

He will be entitled to get gratuity for 12 years only.
In the case of Bharat, the gratuity will be restricted to 27 years.
Regards,
Madhu.T.K

Can gratuity be withdrawn by a person after completing 5 years of service but before retirement or resignation, if an employee requests.

Date of joining is - 06/09/2005
last working days - 08/04/2011
Basic salary is - 25000
How much is gratuity
What we will consider 7 ys of service of 6 yrs of service