Yes, You are eligible for Gratuity.
Please go through the below.
The term ‘continuous service’ is defined under section 2A of the Act, which is reproduced hereunder (relevant portion):
Section 2A: 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, lay off, strike or a lock out or cessation of work not due to fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of the 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 –
(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than –
(i) one hundred and ninety days, in the case of an employee employed below theground in a mine or in an establishment which works for less than six days in a week; and
(ii) two hundred and forty days, in any other case;
Hence, when Section 4 (1) of the Act read with Section 2A of the Act, it is clear that the Act implies 4 years and 240 days is enough to satisfy the requirement of “continuous service” in cases the service is of less than five years
Please go through the below.
The term ‘continuous service’ is defined under section 2A of the Act, which is reproduced hereunder (relevant portion):
Section 2A: 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, lay off, strike or a lock out or cessation of work not due to fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of the 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 –
(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than –
(i) one hundred and ninety days, in the case of an employee employed below theground in a mine or in an establishment which works for less than six days in a week; and
(ii) two hundred and forty days, in any other case;
Hence, when Section 4 (1) of the Act read with Section 2A of the Act, it is clear that the Act implies 4 years and 240 days is enough to satisfy the requirement of “continuous service” in cases the service is of less than five years