The legal position is settled after the judgement of High Court of Madras in Mettur Beardsell Ltd. Vs. The Authority under PGA 1998 LLR 1072. Section 4 of the Payment of Gratuity Act, 1972 provides that an employee will be entitled to gratuity on completion of continuous service of 5 years and while clarifying the 5 years complete service Madras High Court while relying upon the clarification by the Supreme Court pertaining to 240 working days in one year will be deemed to be continuous service of one year meaning thereby that there need not be complete 12 calendar months' service. MADRAS HIGH COURT has further held that an employee, who has put in service of 4 Years 10 Months and 18 Days in the 5 years, will be entitled to gratuity.
By virtue of the judgment of Supreme Court rendered under the provisions of the Industrial Dispute Act in Surendra Kumar Verma vs. Central Govt. Industrial Tribunal,[(1980) (4) S.C.C.433)], it is enough that an employee has a service of 240 days in the preceding 12 months and it is not necessary that he should have completed one whole year’s service.
As the definition of continuous service in Industrial Dispute Act and Payment of Gratuity Act are synonymous, the same principle can be adopted under the PG Act also and hence an employee rendering service of 4 year 8 months is considered to have completed 5 years continuous service under sec.4(2) and thereby is eligible for gratuity.