Gratuity payment to employees

I think employee can take legal action in this case even after completion of 6 months of fifth year.

In my opinion, the payment of gratuity will be payable only on completion of 5 years. It will not be possible in case of the employee has resigned, employer has terminated the employee.

But it is possible, if the said employee gives the leave application for 1 month till the completion of 5 years and then he resigns from the duties and it is accepted by the employer after completion of 5 years.

acc. to employees gratuity act :- gratuity is payayable to an employee only ater or on complition of continuous service of 5 yrs.