Eligibility For Gratuity Under Payment Of Gratuity Act

One employee has joined our concern on 23rd April 2006 and resigned on 13th March 2011. The employee is claiming that since he has completed 240 days on the fifth year, he is eligible for gratuity under the Payment of Gratuity Act. Pls let me know whether his claims are justified or not??
Rgds
Aniruddha

One employee has joined our concern on 23rd April 2006 and resigned on 13th March 2011. The employee is claiming that since he has completed 240 days on the fifth year, he is eligible for gratuity under the Payment of Gratuity Act. Pls let me know whether his claims are justified or not??

Dear kalpana ji,
Payment of Gratuity under eligibility section a person must and should complete 5yrs.it is under section 4 sub clause 1, of payment of gratuity act.
But, under this payment we can not consider as 4.6 years of service as payment of gratuity as it is vialating the act. If an employer think that it must be given than it is wel and gud.
Plz guide me if i am wrong or not correct.
Regards,
Kashinath.