Eligibility of gratuity
I am working in Central Bank Of India from 13.06.2016 as officer on permanent basis. I have resigned from service and my date of relieving will be 23.03.2021. So effectively from date to date i have not completed minimum continuous service of 5 years for getting gratuity as per Payment of Gratuity Act, 1972. However as per section 2A of the said Act wherein definition of continuous service is defined. As per the section 2A sub section (2) clause (a) and sub clause (ii), if employee worked for more than 240 days, he shall be deemed to be in continuous service for that year.
Hence, as i have completed 4 years and 283 days in Central Bank Of India, i am eligible for gratuity from them. As the in last year i have completed more than 240 days as per section 2A.
Further i want to confirm that i was not on any unpaid leave. All leaves was taken were paid only. Further no interruption happed of any kind during my service.
Please give me the advice whether my understand is correct and also any reference to the decision of Supreme Court or any other court in this regard in favor of employee.