5year Complete But Not 7 Month Working In 5 Years, Eligible For Gratuity Yes Or Not ?

Dear All,
Gratuity Act says, employee should complete minimum 5 years of service for eligibility.
If an employee complete for 5 years but he/she not working 7 month before complete 5 years.
Is the employee eligible for Gratuity ?
Please guideline to me.
Regards
Jayesh Borse

Dear jayesh,
Even though the employee has completed 5 yrs, he should work for 240 days in each year.
so he is not eligible if he has not been paid for the 7 months or he has LOP for the 7 months. if he has been paid then he is eligible for gratuity.

Dear Mr. Shenbagarajan,
If a company works 5 days a week with common holidays for 10 days a year along with sanctioned leave for 24 days a year, we will not be in a situation to get 240 working days a year. How to deal. Pls explain.
Thanks

Hi
would you kindly give the date of joining and date of leaving the service before i could give any valuable suggestion.How many days was your attendance in the fifth year. Was is due to your fault or due to establishment/management.
with regards .
RL Dhingra Advocate,
Labour Law Consultant, Delhi.
09818309937
email:rld_498@rediffmail.com