Gratuity Confusion

Dear Friends,
Gratuity Rules say that Gratuity should be paid for 5 years completion (240 days in year) But:
1. What if anyone has completed 4 Years(240 days), then 1 year not fully completed, then again 5 years completed(240 days).
2. If anyone completed 10 years (240 days), then 2 year break, then again 12 years (240 days).
SLIGHTLY CONFUSED.....plz help.
Thanks!

break in the sence what? is he was on seek leave? or suppose he was get an accident while he was on job and sick leave for same? pls mention this first

If Break of service is not regularised then no gratuity is payable for that particular year(s) only. In other words, if his absence for such number of days or year was approved, then he will be eligible for gratuity but the amount of gratuity shall be restricted to the years during which he worked for 240 days each. Again, an employee who is otherwise eligible for gratuity but during any year he did less than 240 days of working due to any reason for which he was not given any charge sheet or no disciplinary action was taken against him, then he will be eligible for gratuity for that year also provided he had atleast worked for 190 days during that year. Needless to say that absence due to employment injury or maternity leave will be counted as days worked for the purpose of determining eligibility for gratuity.
Regards,
Madhu.T.K