Gratuity Confusion: Does 5 Days of LWOP Really Affect My Entire Year’s Eligibility?

Kallak
I have worked in an organization for 4 months and 23 days, and I have taken 3 days of LWOP (Leave Without Pay) this year. When I inquired about my gratuity, they informed me that due to the 5 days of LWOP, I am not eligible. They stated that the entire year won't be counted, only those 5 days.
KK!HR
LWOP and Continuous Service
LWOP, presumably Leave Without Pay, would be considered part of continuous service as per Section 2A of the PGA 1972. Since there is no break in service for the 5 or 3 days of LWOP, it would surely be continuous service. However, there is a contention regarding the eligibility period, as 4.7 months plus 23 days does not equal 240 days, and hence the eligibility criteria are not met.
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