Since you have not completed 5 years of continuous service, you are not eligible for gratuity.

you are eligible for graduity

you are eligible for graduity

Payment of Gratuity Act, 1972

Section: 2A
Continuous service.

(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than -

(i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and

(ii) two hundred and forty days, in any other case;

Kindly relate it your case.

Dear Sir,

you have not completed 5 years of continuous service so you are not entitle for gratuity.
 

SC judgement:

"hence an employee rendering service of 4 year 10months 11days is considered to have completed 5 years continuous service under sec.4(2) and thereby is eligible for gratuity."

HC judgements is also attached.

Kindly go thru a very informative thread at LCI:

Forum Home > Labour & Service Law > Gratuity > Clarity between gratuity eligibility service (5 or 4.8 yrs)?

at the following link:

https://www.lawyersclubindia.com/forum/Re-Re-Re-Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp

Dear Sir,

Can you please clarify my query? I worked in a Software company in Hyderabad from Nov 2003 to Nov 2007 and was transferred to it's US office . I worked in US office from Nov 2007 till I resigned in Oct 2011.

Can you please let me know whether I am eligible for Gratuity at my Indian Office?

Thanks

Regards

Prabakaran

Dear Sir,

YOu are eligible for gratuty because any where you worked for company on company rolls

Murthy

@ Prabakaran,

Another employee has posted similar thread:

At the following link:

https://www.lawyersclubindia.com/forum/Re-Gratuity-eligibility-59745.asp

You may go thru it.

PF and Gratuity are covered under Social Security Laws. The gratuity act is to benefit the employee and employer should on its own arrive on a conclusion which benefits the employee. If there are many employees in such a situation then employee can also accuse the company that it is taking away the social security benefit in the garb of unexplained rules.

Valuable advice of learned experts/members is sought.