Under Section 4 of the Payment of Gratuity Act, 1972, gratuity is payable to an employee on termination of employment after he has rendered continuous service for not less than: 

Section 4(1) of the Payment of Gratuity Act, 1972 provides that gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years-on superannuation, retirement, resignation, or death or disablement due to accident or disease. However, the condition of five years' continuous service is not necessary where the termination is due to death or disablement. The Supreme Court in Surendra Kumar Verma v. Central Government Industrial Tribunal-cum-Labour Court (1980) held that the five-year requirement must be strictly complied with. Gratuity is calculated at the rate of 15 days' wages for every completed year of service or part thereof in excess of six months.