Is gratuity eligible for 4 years 10 months?

I have completed 4 years 10 months, am I eligible for gratuity as per Madras High Court, can you please suggest supreme court of India judgment.

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Advocate By LEAD INDIA Answered: 29 Dec 2023

Madras High Court has interpreted the "not less than five years" requirement to mean completion of 240 days and not necessarily the entire fifth year, This means employees with 4 years 10 months (equivalent to 5 years and 2 months) would be eligible for gratuity in those specific cases. However, these rulings only apply within the jurisdiction of the Madras High Court,  Tamil Nadu and There isn't a definitive Supreme Court judgment directly addressing gratuity eligibility for service periods less than 5 years. However, some relevant judgments can be considered:
Union of India v. Jiten Swarup Mishra (2017): This judgment upholds the minimum 5-year service requirement for gratuity under the Payment of Gratuity Act. for further details contact us on helpline number.

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