To be eligible for Gratuity, following conditions to be fulfilled.
(1) The Act must be applicable to the establishment situated in any State other than J & K. It should be a factory, or mine, oilfield, plantation, port or railway company or short or establishment in which ten or persons are or were employed on any of the preceding twelve months.
(2) The person should come under the definition of "employee" under Section 2(e)
(3) He must have put in 5 years of continuous service, except in case of death or disability due to due to accident or disease.
(4) Gratuity is payable only at the time of termination of employment by way of superannuation, retirement or resignation and NOT PAID after completion of five years.