Hi,
Gratuity is payable on rendering continuous service not less than five years. Sec.4(1)
The provisions of this sec. must be read with Sec2-A(2.a-ii) , which reads as follows:-
Where an employee(
..)is not in cont. service
.for any period of one year or six months, he shall be deemed to be in cont. service under the employer
a) for the said period of one year ,
..,has actually worked under the employer for not less than
i)
ii) two hundred and forty days , in any other case.
Conclusion : an employee rendering cont. service of 4 years and 11 months is entitled for Gratuity.
Case Law : This interpretation finds support in the following judgement.
Gist : In this case , the employee has served for 4yrs , 10 months and 18 days, which is definitely more than 240 days, He has ,therefore, put in 5 years service and is entitled to Gratuity.
- Mettur Breadsell Ltd. V. Reg. Lab. Com. , 1998(3) LLN 414 (Madras H.C.)
I.N.JHA