I have worked in a company that has 5 day work week. I have joined in the company on 24 Feb 2005 and got relieved on 31 Aug 2009.
[2-A. Continuous service.- For the purposes of this Act,—
(1) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order [* * *]16 treating the absence as break in service has been passed in accordance with the standing orders, rules or regulations governing the employees of the establishment), lay-off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act;
(2) 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—
(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
As per this for companies follows 5 day a week a service of 4 years and 6 months (190 days = 1 year) eligible for gratuity.
But when I approached the company for gratuity they mentioned that I am not eligible for gratuity and company mentioned 240 days of service related High court judgement.
Am I eligile for gratuity or not? Please advice.
Thanks in advance.