@ Indian,
You may go thru:
>> Payment of Gratuity Act, 1972:
---Section: 2A:Continuous service.
(1), (2) (a):
(i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week;
(ii) two hundred and forty days, in any other case
{So you may count 4 years from DOJ and 190 days in 5th year and you should be eligible}
--- (b) (i) (ii)
--- Section: 7:Determination of the amount of gratuity.
(2) As soon as gratuity becomes payable, the employer shall, whether an application referred to in sub-section (1) has been made or not, determine the amount of gratuity and give notice in writing to the person to whom the gratuity is payable and also to the controlling authority specifying the amount gratuity so determined.
(3) The employer shall arrange to pay the amount of gratuity within thirty days from the date it becomes payable to the person to whom the gratuity is payable.
If the employer has issued and supplied the notice of determination of Gratuity and has not paid the gratuity then it is violation of the Act.
You may submit FormI thru redg. post and obtain POD.
You should be eligible for interest which may be @10%/pa.
---Section: 8
Recovery of gratuity.
---Section: 9
Penalties.
---You may also check the appropriate government in your case would be state or central and approach Inspector appointed under this Act, Controlling Authority of Gratuity which may be DLC-Gratuity in o/o Labor Commissioner of appropriate government.
>> If you are not able to handle the matter on your own you may entrust it to your lawyer.
>> There are many informative threads on Gratuity at LCI at:
https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49
e.g;
https://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp#.UpNd4NIW1MA
You may go thru these.
>> The other thread initiated by querist:
https://www.lawyersclubindia.com/forum/Gratuity-Calculation-1181.asp#.UpNacNIW1MA