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Q.100
Contract, Specific Relief, Property & NI Act Medium Knowledge-Based

According to the Payment of Gratuity Act, 1972, under what circumstance is the completion of five years of continuous service not mandatory for payment of gratuity to an employee by his employer ?

A Voluntary resignation from the post by the employee.
B Dismissal of the employee due to misconduct at work.
Death or disablement of the employee due to accident or disease. Answer
D Transfer of the employee to another department within the same organization.
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Explanation & Strategy

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Under Section 4 of the Payment of Gratuity Act, gratuity is normally payable after 5 years of continuous service. However, the Second Proviso to S.4(1) creates an exception: the 5-year requirement is WAIVED when termination is due to DEATH or DISABLEMENT of the employee. This humanitarian exception ensures the family receives gratuity regardless of service length.

At a Glance
Subject Contract, Specific Relief, Property & NI Act
Difficulty Medium
Answer (C) Knowledge-Based
Paper AIBE XX — November 2025
Progress in Paper
Q.100 100 questions

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