Gratuity Eligiblity

1 year ago

Hi All,

I Joined my job on 24th July 2017 and resigned on 25 Nov 2021.
It leads to 1586 days / 4 years 4 Months and 2 days / 52 Months and 2 days.

Although Payment of Gratuity Act Says "continuous service for not less than five
years" . Please note that "completed year of service" means continuous service for one year.

And continuous service as per Section 2(b) says where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (1),
for any period of one year or six months, he shall be deemed to be in continuous service under the employer
(b) for the said period of six months, if the employee during the period of six
calendar months preceding the date with reference to which the calculation is
to be made, has actually worked under the employer for not less than -
(i) ninety-five 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) one hundred and twenty days, in any other case;

My 5th Year start from 25th July 2021 and ends on 25 Nov 2021- Which means 124 days / 4 months 1 day.

Question: I want to know, As per Section 2(b)(ii), I am eligible to receive Gratuity as my 5th Year exceed 120 days as per act? Is my interpretation is correct?

Please suggest.