Hi Kanaka,
ur question is quite an intelligent one.
What the Payment of Gratuity Act says is that "Those persons who have completed their five yrs of continuous service, they r being entitled for the payment of gratuity".
Actually in the real sense, the gratuity is being paid to the employees for their faithful continuous service in the company.
As per ur question, the time period of service is 4.6 yrs, which is for the calculation purpose is considered as 5 yrs. If the provision will be like this, then he/she is eligible for the payment of gratuity.
As per the Act, a person can also be entitled to payment of gratuity though he/she has not completed the period of continuous five yrs, in a condition that-
1) If he/she is discontinued his/her work on account of permanent disablement, or
2) on account of his immature death.
In these above two conditions, he/she is entitled to get the payment of gratuity though he/she has not completed his/her five yrs of continuous service.
But, out of my concern, what i thing is that the person is not qualified for the payment of bonus. The period of 4.6 yrs will not be considered as 5 yrs for the calculation of gratuity.
Santosh Dash.
M.A in IR & PM,
Berhampur University,
ORISSA.