Am I entitled to gratuity if I worked for 4 years and 8 months?

HR's answer is the commonly stated position, but it is not entirely accurate, and this is one of the most frequently misunderstood points about the Payment of Gratuity Act, 1972. The Act requires "continuous service of not less than five years," and Indian courts, including the Madras High Court in Mettur Beardsell Ltd. v. Regional Labour Commissioner and several subsequent rulings, have held that an employee who has completed 4 years and 240 days (roughly 4 years and 8 months) of continuous service in the fifth year is deemed to have completed 5 years of continuous service for gratuity purposes, based on how "continuous service" is defined in Section 2A of the Act.

This interpretation treats a year as complete once you have worked 240 days within it (190 days for certain establishments like mines that work fewer days a year), rather than requiring you to complete the full calendar year. Since you have completed 4 years and 8 months, you have almost certainly worked well beyond 240 days into your fifth year, which under this interpretation should qualify you for gratuity.

That said, this position, while supported by strong case law, is not uniformly applied by every employer without pushback, and some companies still insist on the literal 5-year reading. If HR maintains their position after you raise this, you can file a claim with the Controlling Authority under the Payment of Gratuity Act (typically an officer in the labour department) within the applicable limitation period, citing this line of case law, and the Controlling Authority can direct the employer to pay if it finds your claim valid.

I'd suggest first sending HR a written communication citing the 240-day continuous service interpretation and asking them to reconsider, since referencing the specific legal basis often resolves this without needing to escalate further, and keep this in writing so you have a record if you do need to pursue a formal claim later.