Hi Parameswaran,
As per gratuity act if a person had completed 4 years & 240 days, he will be eligible for claiming gratuity.
Scenario 1 : Since he had completed 5 years, he is eligible for claiming gratuity
Scenario 2 : Out of 5 years , has he worked for 4 years & 220 days. Please confirm whether service is continued or not.
Continuous service.
For the purposes of this Act, -
(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.
Regards
Rohith.N
Resolve Business Services