Understanding Gratuity Eligibility and Legal Rulings under the Payment of Gratuity Act

If a person has completed 4 years and 8 months of confirmed service, is he eligible for gratuity? If yes, is there any notification regarding the same? Please attach or indicate the notification details. Thank you.

If a person has completed 240 days in the fifth year, he is eligible to receive gratuity for 5 years. You can refer to the Gratuity Act for the notification.

Regards,
Vaishalee Parkhi

Dear Mr. Joseph,

The Payment of Gratuity Act states that an employee must have completed five years of continuous service to become entitled to gratuity. The Honourable Madras High Court ruled that if an individual has worked for four years continuously and completed 240 days in the fifth year, they are entitled to gratuity under the PG Act. This judgment binds all authorities under the Payment of Gratuity Act in Tamil Nadu. It is uncertain whether other High Courts have issued similar rulings, and I am unaware of any Supreme Court judgment on this matter. Therefore, the answer to your question must be based on the judgment of the High Court in your state regarding this issue.

With regards,