Dear Mr.Joseph
The Payment of Gratuity Act says that an employee to become entitled to get gratuity has to have put in five years of continuous service. The Honourable Madras High Court in a judgment had held that if a person had put in four years of continuous service and had put in 240 days in the fifth year, he is entitiled to get gratuity under the PG Act. All the Authorities under the Payment of Gratuity Act in Tamilnadu are bound by this judgment. I do not know whether other High Courts have handed down a decision like the above. I am not aware of any Supreme Court Judgment on this point. Therefore the answer to your question has to be based on the judgment of the High court of your State on this point.
With regards