Eligibility for gratuity payment

Go thru:Payment of Gratuity Act,1972.

If the establishment works for 6days/less than 6days per week and employee has worked for 240/190 days in year (off days/holidays etc included) then employee is eligible.

The employer has to supply the Notice of Determination of Gratuity and payment of gratuity even if there is no application by employer.

The employee can submit FormI, under proper acknowledgment.

There is no limitation on claim of Gratuity.

The requirement for being eligible to claim gratuity is five years contineous service.

Contineous service is service without interruption.If in any year the service is interrupted

then in that year the employee should have rendered at least 240 days actual service.

In your case you have rendered four years contineous service,but in fifth year the service is interrupted due to resignation.However you have worked for >240 days in that year.Therefore you are entitled for gratuity.

However there is delay of 8 years ,which you may be required to explain.Although your claim may not be defeated on that ground alone.

You may initiate by writing under proper acknowledgment that 'Notice of Determination of Gratuity and payment of gratuity ' was not supplied to you, and submit FormI.