The Hon’ble Supreme Court, in the matter of Rajasthan State Road Transport Corporation Ltd. & Ors. v/s Smt. Mohani Devi &Anr, directed employer to calculate the gratuity and pay the same to the employee. As per section 4(1) (b) of the Payment of Gratuity Act, 1972 provides that the gratuity shall be payable if the termination of employment is after 5 years of continuous service and such termination would include resignation as well.