Dear Shanu 1973,
An employee is said to be eligible for Gratuity with not less than 5 years of continuous service. Please refer to the Payment of Gratuity Act u/sec 2A -
Continuous Service means; (1) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order [***] treating the absence as break in service has been passed in accordance with the standing order, rules or regulations governing the employees of the establishment), lay off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act.
(2) where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer
While calculating for gratuity, if any person completing 5 years 7 months is said to be eligible for 6 years gratuity & if at all 5 years 5 months; he is said to have completed 5 years of his tenure. This means; if the person exceeds six months of tenure is supposed to have completed 1 year (240 days will be considered as having continuous service for that year).
In above case, the employee has not even completed 5 years of service and as per the gratuity act he isn't eligible and has no right to claim under any circumstances.