Gratuity

While posting such queries one should post;

What is this establishment; Govt, Private?

Which Gratuity rules apply e.g; Payment of Gratuity Act, 1972?

The establishment works for how many days/week;6 or less than 6?

Do you have copy of Gratuity Rules applicable to establishment? These might be available on shared portal/HR portal or narrated in appointment letter or obtain from Admin/HR of establishment or take help of employee’s/trade union leaders.

You have mentioned about 1972 Gratuity Act.

Probation period, Notice period, off days/holidays/approved leave is counted.

Employee (you)  may go thru the following Article under my profile; “Off days, holidays are counted in service period for the Payment of Gratuity ! “

Assuming that Payment of Gratuity Act is applicable to such establishment in which you are working GO thru: Payment of Gratuity Act, 1972;1,2A

https://clc.gov.in/clc/sites/default/files/PaymentofGratuityAct.pdf

   and check if your establishment is covered and you are eligible..

You may also go thru simple to understand:

THE PAYMENT OF GRATUITY (CENTRAL) RULES, 1972  

https://labour.gov.in/sites/default/files/ThePaymentofGratuityRules.pdf

and simple to understand Rules by your state e.g; The Payment of Gratuity (Maharashtra) Rules, 1972

https://www.esipf.com/labour-law/the%20gratuity%20act.pdf

Payment of Gratuity Act, 1972;1(3), 2A

https://labour.gov.in/sites/default/Afiles/ThePaymentofGratuityAct1972.pdf

If Act applies and condition in the Act are satisfied you should be eligible..

Perspectives; Employer can pay Gratuity on LWD with FnF.. Employee can submit letter to pay Gratuity 30days before LWD.. Still; You are closest to the facts and nature of establishment and bosses and HR personnel you are working with………. And may keep copy of notice of resignation (also POD), and get offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………  

After relieving submit letter under proper acknowledgment stating that ‘Notice of Determination of Gratuity’, payment, requisite forms are not supplied and may be supplied… If employer does not pay within 30days from LWD IT has to tender interest @10%pa… Rest post Gratuity Rules..  

If nothing works then you may have to approach Controlling Authority of Gratuity (and may not the court) and submit FormI (legal  notice may not be required)...........    Preferably resolve with your own skills...

There are many threads on similar query at LCI that you can search in SEARCH option e.g;

https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49

https://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp