I had joined korus Engg, Netaji Subhash Park, New Delhi on 19-Dec-2007. I had given resignation on 20-May-2011 and same has been accepted by Directors but the same time they also offered me that I can continue my job anytime. Keep this things in mind I didn’t settle full& final with company. After 4 month on 12-Sep-2010 I rejoined the same company on same profile. At that time I hadn’t received any joining letter and provide same employee Id. Due to long leave, management forced me to put my papers and then I had given my resignation on 12-Jan-2013. Now I have completed 5 yrs in company. At the time of full & final Salary settlement I request for Gratuity but company denied for Gratuity due to 4 months break in job continuation.
Can I file a case in Labour court against company for gratuity ? Please advise.