Payment of gratuity - employee has worked for 4 years 10 months and 20 days - eligible for gratuity?

One of the psu employee has worked for 4 years 10 months and 20 days i.e. Less than 5 years but greater then 240 days in the said year. Is he eligible for gratuity under the payment of gratuity central rules under continuous service concept. If not, reasons thereof.

The continuous service of 4 years and 10 months suffices to fulfil the eligibility criteria of five year service.

But 5 years continued service would need to be completed out of which if 10 months is completed in 5th year,you will be entitled to get gratuity.

Dear Ashis,
As per your post and act,the employee is not eligible, as he has not completed 5 years of service. Since gratuity is a statutory benefit paid to the employees can be considered under the welfare measure by the interpretation given by some courts. Since it is a PSU, please be cautious before doing so and take necessary approval from the authority.

Beyond 120 days whether appeal can be filed against the order of the Assistant labour Commissioner by the management.