Gratuity Eligibility - Notice Period

ISACRHEA
Am I eligible for gratuity?
I joined the company on 25/04/2008
Resigned from the company and got relieved on 15/03/2013
balance leave (EL -73) was adjusted against notice period.
whether I am eligible for gratuity?
korgaonkar k a
Dear ISACRHEA,
According to me you are not eligible for gratuity as per POG Act since you have not completed 5 years of service.
However, if you are in the jurisdiction of Chennai HC, you can claim the gratuity quoting a judgement by Chennai HC in Mettur Beardsell.
saswatabanerjee
Considering that he has 73 days of leave adjusted against notice period, and he has less than a month to complete 5 years, do you not think he will be considered to have worked 5 years ?
Ofcourse, it would have been wiser to resign after having completed 5 years .....
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