Eligibility for gratuity

The management can give gratuity regularising  the period spent on leave .

240 days comes into picture for deciding whether an employee was on continuous service or not and as such a person who had worked for 240 days (above the ground or 190 days below the ground) in a year is deemed to have continuous service for that year. 

The provisions relating to six days week and 190 days of work was provided after the ruling by the apex court in Lalappa Lingappa Vs Laxmi Vishnu Texiles Mills, Sholapur, to safeguard the interests of those employees who would be denied gratuity for want of minimum days (240) in between the years. Here also completion of 5 years is mandatory. Once eligible for gratuity, if in any year one has not worked for 240 days, that year can be counted as continuous provided he was working for at least six days in a week and had worked at least for 190 days in the preceeding year.

According to Payment of Gratuity Act, 1972 & Rules, an employee is eligible for getting gratuity after the completion of five years in a organization. On the other hands, if a worker have worked for 240 days a year is complete. It is not the matter whether a six working days in a week or 5 working days in a week. In my opinion after the completion of period of five years you will be entitled for getting the benefit of gratuity, whether ether you work any more or not.

have you drawn salary for more than 4 1/2 year.