I have seen most of the replies. I expected analysis of the term "Continuous Service" in PGA and the deeming proviso to that definition. It appears that Gratuity is payable only when 5 years of service is completed. But if you consider the definition of "continuous service", it allows you to claim gratuity upon service of 4 years and 240 days in the fifth year. That means 4 years and 8 months service is sufficient to claim the Gratuity. This interpretation is irrespective of the Judgement of Chennai HC.
In the case in hand, there is a service of 4 years and 10 months. Hence, there should not be any difficulty in claiming Gratuity. 5 years of service in actual terms comes to 4 years and 240 days only.
This interpretation is applicable to all over India and not just restricted to the State of TN only.
Adv. K. H. Kulkarni.