Reference is invited to the following judgement of the Madras High Court:
1998 LLR 1072
MADRAS HIGH COURT
Hon'ble Mr. S.M. Abdul Wahab J.
W.P. No. 21350f1987 decided on 12.6.1996
Mettur BeardseU Ltd. (represented by Its Personnel Manager), Madras
vs.
Regional Labour Commissioner (Central) (Authority under Payment of Gratuity Act). Madras & Others
PAYMENT OF GRATUITY ACT 1972 - Sections 2(a), 2(b), 2(c), 2(e) and 2A - 'Continuous service' - Qualifying period of service by an employee -Entitlement of Gratuity - An employee rendering continuous service for a period of 240 days in a year will be deemed to have continued in service for 'one year as stipulated by section 2A of the Act -Thus an employee who has put in service for 10 months and 18 days for the fifth year subsequent to first 4 years should be deemed to have completed continuous service of five years -His claim for gratuity is tenable.
You can counter the HR Department with this judgement.