Gratuity eligibility if you are serving notice period - If an employee resigns just before completing 5 years

Hi, Need help in tow questions
1. If an employee resigns just before completing 5 years ( say 4 years and 11 months ) and is serving the notice period when 5 years are completed, is he eligible for gratuity
2. In similar circumstances, if the company pays him a basic salary but asks him to not serve the notice period. So in effect, when he resigns after 4 yrs and 11 months, the company pays him 3 months' notice pay and asks him to hand over ...what is the eligibility on gratuity.

Hi
1. Yes, the person is eligible for gratuity after the completion of notice period.
2. As per the new policy, any person completes 4 years 240 days service in the Organisation are also eligible to get gratuity benefit against to layoff, leave with wages, sick leave etc.,
Hope its clear..
Regards,
Leela

Leela,
After resignation employee is ready to serve the notice period and 4 years and 240 days will get completed, but employer don't allow to employee to serve after resignation so employee not getting the above mentioned condition fulfilled. In that case does employee get Gratuity.
Regards
Gold

Hi
As per my knowledge, act says who completes 5 calander years of service then only eligible to get gratuity benefit.
But u says,
As per the new policy, any person completes 4 years 240 days service in the Organisation are also eligible to get gratuity benefit against to layoff, leave with wages, sick leave etc.,
r u have any proff of evidence, pl post the same or its reference.
Regards,
venkat

serving in notice period is also part of service. It will be considered for gratuity calculation.

Dear all,
For this point u can take reference of Madras High Court Judgement on Payment of Gratuity.
Pls. find the attachment.
For any further clarification you are always welcome in my mail-ID.
Regards,
Prasanta Ray
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YES he is eligible to receive Gratuity so long he has worked for a continuous period of 240 days in each of the five years. Please understand that if he is serving his Notice Period that will also have to be taken into consideration, after all he is working on all of those days.
Vasant Nair

I need The gradutity document fully so that it is easy for me to see and understand the procedure any one can help me in getting the document

Hi Mr. Prasanta Ray,
Judgement copy is ok. Is there any amendament in Payment of Gratuity Act, 1972 with reference to this Judgement. Is the judgement applicable to all states?
Regards
venkat.

Dear All,
As per me, employee gratuity period will be calculate till closing hours of his/her last working day.
Regards,
Kapil Kotwal