Can Anybody Explain Me The Eligibility For The Gratuity In Notice Period?

Hi,
Can anybody explain me the eligibility for the gratuity in notice period?
Suppose: I join a company on 19-Sep-2006 and I resigned from the service on 19-July-2010, but my notice period is 2 month so my last working day with the compnay is 20-Sep-2010 which will completes my 5 years service. so just wanted to make sure that Am I eligible for gratuity in the above case?
Thanks,
Dhirendra

Dear sir,
Even the period of 4 and 1/2 years is treated as 5 years then why you have such doubt. It is certainly pable to you.
regards.

Dear R. N,
Thanks. actually, the above period was just dummy period for simplicity, but the actual scenario is the same with me.
I completed 4 yrs & 8 months and wanted to resigned as earliest, but my notice period is 2 month. So just wanted to make sure that I did not miss the gratuity and wanted to check when I can be eligible at the earliest.
Thanks

Dear Dhirendra,
To be on safer side I would like to suggest you to complete five years of service including that of notice period. Notice period is also included in the length of service.
Regards
R N KHOLA

I would like to differ with Mr. B.N.P Singh in this regard. To count your length of service you have to complete 5 yeras (including your notice period). Even 4 year 11 months will not make you an eligable employee in terms of gratuity. So I agree with Mr. R.N.Khola, you must complete 5 yeras service to avail gratuity.
Regards,
DG

As Per Madras High court judgment a period of 4 year and 240 days complete will be eligibity for Gratuity, but to be safer side complete 5 year would be better.

hi
I had doubt regarding gratuity eligiblity.Whether gratuity eligibility will be considered from date of joining(DOJ) or after confirmation?.
In my case i have joined in my organisation in Aug 2011(probation period) and after 6 months i.e Feb 2012 i have been confirmed (permanant).plz clear my doubts.

Gratuity is calculated from the date of joining.
Check my blog www.labourlawhub.com for more information.

Agreed with skylark consultant (R.N.Khola) that to become eligible for payment of gratuity the service of 4years and 240days in fifth year is required
Thanks & Regards,
From,
Sumit Kumar Saxena

Gratuity is payable for continuous service rendered for not less than five years.
Under Section 2A, "continuous service" includes includes period of leave, absence without permission etc. For the purpose of calculation of quantum of gratuity, it is payable for each "completed year of service" i.e. 240 days per year.
So I think for working for 4 years and 240 days will make you entitled for gratuity.
For more information check www.labourlawhub.com