Am i eligible for gratuity

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Hello Sir,

Its been a while and i have been following with them through ALC. I have submitted Form N to ALC(Central) on 16th August 2016 and the decision was announced in my favour on 8th January 2018. The employer was supposed to send me the dues payable to me, however he ha again filed the Appeal in front of the Deputy Labour Commissioner(Central). I have the hearing on 5th April 2018.

The employer has always been pointing out-

1- The delay in submission of the first application that is Form I that i sent them almost after 6-7 months.

2- That i have not completed 5 yrs of service.

Although the ALC has provided his explanation and referred some cases basis which the judgement was announced in my favour, I am thinking to quote the judgement of Supreme Court in the case of Surendra Kumar in the year 1984. Please suggest if there can be any other case that I can quoate as an example. 

Thanks in advance.

Regards

Bharti