Gratuity Confusion: Am I Eligible After 4 Years and 7 Months on a 5-Day Workweek?

I have completed 4 years, 7 months, and 4 days in my company. However, my HR is saying that I am not eligible for gratuity. I work on a 5-day-a-week model. As per the act for a 5-day workweek, the 190 days rule is applicable. Kindly advise on this.

Certainly, you are eligible for and entitled to gratuity under the PG Act, 1972 as per the interpretation of the definition clause of the term "continuous service" by the Honorable Madras High Court in its judgment in the Mettur Beardsel Ltd case. Since you are probably from the State of Maharashtra, your employer may argue that he is not bound by the judgment of another State HC. Such a contention is totally untenable considering there exists no contrary judgment by any other HC as well as the Supreme Court, as the PGA, 1972 is a Central Legislation with countrywide application.

In case of refusal by your employer on this ground, you can file a claim before the Controlling Authority under the Act for necessary direction for the payment of gratuity with interest and cost.