Gratuity Eligibility: Do 4 Years and 9 Months of Service Qualify for Payment?

I have had a continuous service of 4 years and 9 months in an organization. Am I entitled to gratuity? The Act states that if 240 days are completed, it is deemed as one year. If a person completes 4 years and more than 240 days of continuous service, are they entitled to gratuity? Are there any case laws that support this?

Dear Sir,

A person who has not completed 5 years of service continuously in an organization is not entitled to gratuity. However, after completing 5 years, if your total service exceeds 6 months, then you are entitled to 6 years of gratuity amount, provided that the maximum amount should not exceed Rs. 3,50,000.

Regards,
Vikas Vasisht

I do not agree with Vikas. If someone has completed 240 days in the fifth year, one is entitled to the Gratuity, and the total amount is Rs. 10,00,000/-.

Thank you.

Dear Pranav Arora,

I feel you are confused with one verdict from the Supreme Court and another one from the Madras High Court regarding the consideration of 240 days of attendance in the last year as a full year.

However, to my knowledge, after the above judgments, the act has been amended as follows:
1. The minimum eligibility to receive Gratuity is 5 years.
2. In the case of permanent employees, for the preceding 12 months, there should be a minimum attendance of:
a) 190 days
i) for those who work in Mines
ii) for those who work for less than 6 days in a week
b) 240 days in other cases.

In other words, 240 days is the minimum attendance required in 12 months.

Abbas.P.S