Mr. Ghosh has clarified that you should be eligible for gratuity.
In your appointment letter the notice period must have been mentioned. In the notice of resignation you must have mentioned effective date of resignation. If the company accepts resignation before effective date of resignation, it can be termed illegal and you can contest it. You should protest and agitate upon your acceptance of resignation before effective date of resignation.
Did you accept FNF statement and settlement? Usually, the company provides FNF statement and ask the employee to accept the same. Usually it is mentioned that if acceptance is not supplied on the copy of FNF statement, with in a month it shall be deemed to be accepted. If you have not supplied the acceptance and company has supplied the payment you may submit a representation in writing under acknowledgment, mentioning that the FNF statement and settlement is not correct and hence not acceptable to you, and you have received the payment under protest.
Notice period served is counted in service eligible for gratuity. Your company has accepted the resignation before effective date of resignation to deprive you from gratuity. You must agitate.
If your company follows 5days/week, then you should have served for 190 days in a year.
Fraction of year exceeding 6 months is considered as an year.
For the purposes of this Act, -
(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than -
(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; and
(ii) two hundred and forty days, in any other case;
(b) for the said period of six months, if the employee during the period of six calendar months preceding the date with reference to which the calculation is to be made, has actually worked under the employer for not less than
Thus you should be eligible for gratuity.
You may go thru another thread in which detailed discussion has been made and learned experts and members have explained the eligibility for gratuity.
You must approach a competent and experienced service lawyer and submit a carefully drafted representation addressed to good offices of your appointing authority, MD, Company Secretary with a copy to Head-HR, by letter under acknowledgment, and demand a reply in writing under original seal and signature by hand of good offices by redg/speed post only so as to reach you say in next 7 days. You may mention that postage prepaid, self addressed envelope is enclosed. You may avoid communicating by email. Usually all personnel in the company including HR executives are not authorized to sign on letterhead with company seal. Thus your letter shall be replied by someone competent and responsible to represent good offices. It is seen good offices won’t like to tarnish the credibility and image of good offices for minor amounts of gratuity and other payouts. At times some personnel may try to prove to be worthy for the company by blocking the payouts by entangling the employee in legal traps or by taking undue advantage of an ill informed employee. These personnel shall usually refrain to reply in writing and limit the transactions to verbal mode. Employee should record such transactions (audio/visual).
Kindly remain gentle and amiable but firm while you deal with employer for your rights.
Kindly look into the attachments.