Dear Sughumar R K
An year means, it is always 365 days even for gratuity calculation. For the first eligibility, it is a clear 365 x 5(year) days. 240 days is working days generally taken for EL eligibility in many companies and Gratuity act does not specify about considering 240 days. As you say, considering 240 days could be a specific case on specific grounds. Any time, before taking any decision the companies will have the option to take a legal opinion from their company Legal Advisors. Otherwise, it will be always legal to consider 365 days x 5 for the first eligibility.
Hope every one agrees with this.
Regards
K.Ramachandra
Bangalore
An year means, it is always 365 days even for gratuity calculation. For the first eligibility, it is a clear 365 x 5(year) days. 240 days is working days generally taken for EL eligibility in many companies and Gratuity act does not specify about considering 240 days. As you say, considering 240 days could be a specific case on specific grounds. Any time, before taking any decision the companies will have the option to take a legal opinion from their company Legal Advisors. Otherwise, it will be always legal to consider 365 days x 5 for the first eligibility.
Hope every one agrees with this.
Regards
K.Ramachandra
Bangalore