How Can I Secure My Gratuity After 4 Years and 11 Months at My New Delhi Job?

I am currently serving my notice period at a New Delhi-based company. I joined this company on 23rd October 2017, and my last working day will be 23rd September 2022. I know that it is one month short of completing five years, but I have received a good opportunity that I can't afford to miss. Please guide me on how I should ask my current employer for a gratuity for 4 years and 11 months. I have a feeling that the employer might not give me my gratuity. Kindly guide me, please.

Regards,
Sneha Gupta

Provision of the Payment of Gratuity Act, 1972, Section 2A
This section pertains to continuous service. (ii) Two hundred and forty days, in any other case; (ii) He has been on leave with full wages earned in the previous year;

As per the Payment of Gratuity Act, an employee who has completed 5 years of continuous service is entitled to receive gratuity. Simultaneously, an employee who has worked at least 240 days in any period of 12 months is considered to have 'continuous service'. This criterion of 240 days has been interpreted as equivalent to one year of service. Consequently, an employee who has worked for four years and 240 days in the fourth year has been deemed to have completed 5 years of service by the High Courts of Madras and Kerala in separate judgments. For further reference, please see Sreeja Vs Regional Joint Labour Commissioner [2015 LLR 826] and Mettur Bearsell Ltd Vs Regional Labour Commissioner (Central), Madras. Attached are the relevant documents.

As suggested by Madhu, yes, you should receive gratuity. However, the employer provides gratuity before completing 5 years of service as the minimum criteria to become eligible.

Generally, in such cases, the employer should have a policy for gratuity payment.

According to the Gratuity Act of 1972, an employee is eligible to receive a gratuity amount after completing five years of continuous service at one organization. The gratuity amount is paid to the employees once they retire, resign, or are laid off.