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As per Gratuity Act, one should complete full 5 years of service for eligibility.
Madras High court judgement is valid in Tamilnadu only.
In other states, you can request to adopt Madras judgement and to consider for gratuity payment.
They may accept it or reject it according to their company policy.
However, you can request them for payment.

From India, Hyderabad
Dear All, Gratuity is payable only after completion of five year service i.e 60 months. Madras High court judgement clarifies only eligibility criteria in a particular year.
From India, Pune
Hi Seniors,
Is gratuity stands payable if employee is terminated after completion of his service more than five years.
One case has happened and we have terminated services of an employee after completing seven years in our organisation. He is terminated for his habitual absent ism and his non performance....
In this case should we pay him gratuity?
With regards,
sdd.

From India, Thana
Yes gratuity is payable even if employee is terminated for absenteeism or nonperformance. Varghese Mathew
From India, Thiruvananthapuram
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