Gratuity Eligibility [Thread 324258]

Dear All
Please let us know, the calculation of Gratuity eligibility i.e. 5 years is from the date of joining or from the date of confirmation. Because one employee has joined and was in probation for six months and then he was confirmed thereafter. now he has completed five year from the date of joining and is still yet to complete five years from the date of confirmation. Now he has resigned and is claiming his Gratuity payable.
Please suggest me what does law/rules says for the eligibility criteria.
Expecting your valuable suggestions.
Regards,
Gopal Kumar

Dear
There is a gratuity act 1972 as per act 5 yrs service is essential for that and below is the formula of gratuity calculation
Basic + DA X 15 X No.of Service / 26
Max gratuity paid limit is Rs.100000

Elegibility of Gratuity is taken into account from the
date of joining the organisa-
tion and not from the date of
confirmation.
Eswararao Ivaturi.