From saying and telling ( verbal mode) shift to written mode.
In case of employees who persue, companies finally do relent or it relents when the employee announced to initiate legal proceedings.
Discussion > Labour & Service Law > Gratuity > Query regarding gratuity eligibility
https://www.lawyersclubindia.com/forum/Query-regarding-gratuity-eligibility-74941.asp#.UYYx76KAqWM
Company can not have its own policy on the payment of gratuity.
It is statutory benefit it has to provide to employee.
You should also draw the attention of this HR person to word “WHOEVER” in :
Section: 9
Penalties.
(1) Whoever...........................
............ Provided that where the offence relates to non-payment of any gratuity payable under this Act, the employer shall be punishable with imprisonment for a term which shall not be less than [36] [Six months but which may extend to two years] unless the court trying the offence, for reasons to be recorded by it in writing, is of opinion that a lesser term of imprisonment or the imposition 01; a fine would meet the ends of justice.
--------The HR person is not your employer. He is another employee in the company.
Submit FormI under proper acknowledgment to o/o appointing authority/MD by redg. post (avoid speed post/courier). After 10 days obtain POD (free of cost) and certified copy of the run sheet of post man (by paying Rs.10) from sub postmaster of PO from which redg. post was booked.
Company shall have to pay.
If you are not able to resolve the matter in your favor on your own, approach your lawyer.
There are many threads on Payment of Gratuity at:
https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49#.Ubx2VeeAqWM
e.g:
https://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp#.UbxznueAqWM
