Dear Mr Verma,
Thanks for copy of the judgement. It is under Industrial Disputes Act. SC has held that an employee who has completed 4 years 10 months will be deemed to have completed 5 years for the purposes of the Act. Though it is not directly related to gratuity, the same logic could be applied in the case of gratuity also.
I am also trying to get copy of relevant judgement under Payment of Gratuity Act. It is understood that Madras High Court in the case of {Mettur Beardsell Ltd, Madras V Regional labour Commissioner(central), Madras LLR1072(Mad HC) has held that an employee who has put in his service for 10 months for the fifth year subsequent to the fourth year should be deemed to have completed 5 years and is entitled to get gratuity. If you have got a copy, kindly share.
Regards,