Gratuity eligibility - mandatory for gratuity act of 240 days per year?

Any one clarify the below query:

Worked period: 01.12.2011 to 28.02.2018 Worked days details are as follows:

1st Year worked days (Dec '11 to Nov '12) = 281.5 days

2nd Year worked days (Dec '12 to Nov '13) = 281.5 days

3rd Year worked days (Dec '13 to Nov '14) = 238.5 days

4th Year worked days (Dec '14 to Nov '15) = 272.5 days

5th Year worked days (Dec '15 to Nov '16) = 274.5 days

6th Year worked Days (Dec '16 to Nov '17) = 266.5 days

In the 3rd year, he has worked below 240 days for the calendar year. So, is he eligible for gratuity? Is it mandatory for the gratuity act of 240 days per year?

Hi R. Gobi,

Are you including his NH/FH 9 days in those 238.5 days or not? I hope you don't include his NH/FH. Please let me know.

Thank you.

Dear sir,

Not included for NH/FH.

R. Gopi

Person is entitled to gratuity as long as there was no break in service during the last five years.

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Thank you for your valuable reply, sir.

It is mandatory for 240 days for every calendaring year as per the Gratuity Act. Is any calendaring year defined by the Gratuity Act? For example, is it from January to December, etc., or is it based on employees' date of joining?

Dear Nathrao,

However, he took a one-month break in the 3rd year.

Thank you.

Sec 2A of Payment of Gratutity Act defines Continuos service as follows
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 11 [***] treating the absence as break in service has been passed in accordance with the standing orders, 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;
So kindly review his employment records and see whether Dec13 to Dec14 is covered undr this.
Extract from Bare Act
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 any employee employed below the ground in a mine or in an establish-ment which works for less than six days in a week; and
(ii) two hundred and forty days, in any other case;
You can decide taking all these facts into consideration.
I still say he is entitled for Gratuity unless in 13-14 there was a documented break in service for which he was punished as break in service.

Dear Nathrao ji,

You mentioned that a person is entitled to gratuity as long as there was no break in service during the last five years. Your post also has one validation.

I would like to ask you, with due respect, where is it stated in the PoG Act? Your reply will provide more clarity on the subject. I have also read your subsequent post.

Thank you.

Sir,

Part of the bare act that supports what I have said is reproduced in my reply.

Based on my understanding, the advice has been given.

Refer to this link: https://www.citehr.com/attachments/1...t-240-days.pdf

In the corrected text, the spelling of "gratuity" has been fixed, and the line breaks have been adjusted to ensure there is only one line break between paragraphs.

Dear Babu Alexander ji,

The judgment given in the link has no relevance to the query raised by the starter of this thread or the query raised by me in post #10. This forum has discussed the said judgment and its validity beyond the High Court jurisdiction on many occasions.

Thank you.