Gratuity

 Dear all,                                                                                              

I need clarification on which basic gratuity is calculated in corporate /BPO companies.

1. On the completion of 5 years of service (with out loss of pay i.e. informed and uninformed in the service)
2. On the completion of 5 years of service (with loss of pay i.e. informed and uninformed in the service)
3. On the completion of 5 years of service including notice period of 45days (with or without loss of pay i.e. informed and uninformed in the service)   

Example: employee joined a company on 3-8-2009, if he completes 3-8-2014. Then he had successfully completed 5 year with 120 days of Loss of pay, kindly explain whether that employee is eligible for gratuity or not as per Gratuity Act 1972. Kindly send my legal documents (if any)

(Note: can also send the mail at mpratish22 @ gmail.com)