Gratuity eligibility in service discontinuous for 2 months

Only if the employer regualarises the gap of 2 months.

Section :2(a) of which Act?

It is your personal and private interpretation of a section of of some Act.

Can you illustrate how you arrived at it?

If your interetation is correct it shall benefit everyone.

Please go through Graduity act section 2A and please advice me whether I am eligible to get Graduity ??

Graduity Act Section 2(a) as follows -

Here meaning of continuous service [ section 2A ]:-

• uninterrupted service which may be interrupted due to accident, sickness, absence for duty without any leave, leave, lay-off, lock-out, strike or cessation of work (due to not any fault of the employee) are considered as continuous service.
• Whether such interrupted or uninterrupted service was rendered after or before the commencement of the Act.
• If in case employee is not in continuous service of one year, he/she shall be deemed to be in continuous service of one year if; he/she has, immediately preceding twelve colander months, worked under the employer for not less than –
  • 190 Days (in case of employee employed in mines below ground)
  • 190 Days (in case if employee employed in an establishment which works for less than six days in a week)
  • 240 Days ( in any other case)
• If in case employee is not in continuous service of six months, he/she shall be deemed to be in continuous service of six months if; he/she has, immediately preceding six colander months, worked under the employer for not less than –
  • 95 Days (in case of employee employed in mines below ground)
  • 95 Days (in case if employee employed in an establishment which works for less than six days in a week)
  • 120 Days ( in any other case)
• If an employee of seasonal establishment is not in continuous service of twelve or six months, he/she shall be deemed to be in continuous service of twelve or six months; if he/she actually worked for not less than seventy five percent of the number of days on which the establishment was in operation during such period.
• Note: Following days shall be included while calculating the actual worked days of an employee:-
  • Employee has been laid-off under an agreement.
  • Employee has been on leave with full wages.
  • Employee has been absent to his duty due to temporary disablement caused by an accident arising out of and in the course of his employment.
  • Maternity leave for female employee, not more than twelve weeks.

Your understanding is not correct.

Meet an able labor law consultant at your location in person and understand from your counsel.

An academic question.

When you pose to know the law, why can't you take up appropriately with your employer?

If the employer employee relationship is terminated for whatever reason even for a single day, then there is not continuity of service and you will not be entitled to gratuity.