Gratuity eligilibility

Suresh (Querist) 01 July 2013 This query is : Resolved
Please help me with Gratuity Eligibility since i have served the company for 4 years 10 Months and the company not ready to pay the Gratuity and said the eligibility is complete 5 years please, let me know whether i am eligible for gratuity,,,

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Raj Kumar Makkad (Expert) 01 July 2013
Eligibility is 4 years and 240 days and this condition is very well completed by you hence the gratuity cannot be denied to you. Serve a notice through your lawyer.

Rajendra K Goyal (Expert) 01 July 2013
Agree with the Expert Raj Kumar Makkad ji. Send a notice.
For payment of gratuity 5 years continuous service is eligibility criteria (Section 4(1) Payment of gratuity Act 1972). When an employee has completed 4 years and 240 Days in 5th year, he will be deemed to have completed fifth year of service in terms of section 2-A of the Act.