Hi emereen,
If you have completed 4 years and 240 days, you do become eligible for gratuity.
The 240 days includes weekly off's and goverment of public holidays since they are considered to be working days by the companies registered under the gratuities act.
The following are the terms and definitions of "continuous service"
"Continuous Service" means uninterrupted service and includes service which is interrupted by sickness, accident, leave, lay-off, strike or a lock-out or cessation of work not due to any fault of the employees concerned, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act.
Explanation I.- In the case of an employee who is not in uninterrupted service for one year, he shall be deemed to be in continuous service if he has been actually employed by an employer during the twelve months immediately preceding the year for not less than-
(i)
190 days, if employed below the ground in a mine, or
(ii)
240 days, in any other case, except when he is employed in seasonal establishment.
Explanation II.- An employee of a seasonal establishment shall be deemed to be in continuous service if he has actually worked for not less than seventy-five per cent of the number of days on which the establishment was in operation during the year. [Section 2(d)].
(d)
"Controlling authority" means an authority appointed by an appropriate Government under section 3. [Section 2(d)].
(e)
"family", in relation to an employee, shall be deemed to consist of-
(i)
in the case of a male employee, himself, his wife, his children, whether married or unmarried, his dependant parents and the widow and children, of his predeceased son, if any,
(ii)
in the case of a female employee, herself, her husband, her children,
You can follow this link for further legal proceedings that have been undertaken by individuals.
Gratuity Act 2000 <link updated to site home> ( Search On Cite | Search On Google )
Hope the above was sufficient.
Regards,
AJ