Gratuity - for the LWOP of 5 days I am not eligible for it and for whole year won't count

Kallak
I have worked in an organization for 4.7 months and 23 days and I have 3 days of LWOP in a one year if iam asking for my gratuity now they are saying for the LWOP of 5 days I am not eligible for it and for the whole year won't count for just those 5 days
KK!HR
LWOP, presumably Leave Without Pay, would come within continuous service as per Section 2 A of PGA 1972. Since there is no order of break in service for the 5 or 3 days of LWP, it would surely be continuous service. But there is a contention that there is a shortfall in the eligibility period as 4.7 months + 23 days is not equal to 240 days and hence the eligibility criteria is not met.
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