Dear Mr. Arif Khan & All.
Thanks for your valuable input.
Mr. Arif Khan please correct me if I am wrong but what I am getting from your input is that,
For an employee who has worked above ground for more than five years with a single employer, (for any number of total years including first 5 yrs. may be 6, 7, 9, 12, 17 yrs or any other figure) for such an employee to get gratuity for all the years he has worked for, only the number of days he has worked in the last year of his service should be 240 days or more or last six months of his service should be 120 days or more (of course this day count will be including all days of sickness, accident, leave, absence from duty without leave etc.) irrespective of the no. of days per yr. he has worked in all the years preceding last year of his service, even if in all the years preceding his last yr. his yearly day count was less than 240 per yr.
Going by this logic only last year or last six months total days of service determine that all previous years are included in gratuity calculation of an employee.
Going by the same logic I am getting (may be I am getting wrong) that if a sincere employee who has worked for more than 5 yrs with day count of more than 240 per year, due to some problem can not complete 120 days in his last six months will not be eligible for Gratuity at all for all the previous years also. I have Read Sec. 2A sub sec. (2) clause (b) along with Sec. 4 sub sec. 2 and I am getting the same above understanding. Please put me on the right track if I am getting it wrong.
Regards,
Raja.