I am looking for some clarifications related to Grautity.
To sum up my issues, I worked in a IT company for almost 11 years. Joined as a employee and TDS was deducted from salary under section 192 for 8 months. Then my employer changed my role as consultant and started deducting TDS under section 194J for almost 4 years 8 months. After that they moved me back into role as employee and started deducting TDS under section 192.
I saw a post http://www.lawyersclubindia.com/forum/Employees-on-retainer-ship-consultants-eligible-for-gratuity-68331.asp#.Vgkegn1-jMo with below information.
Payment of Gratuity Act, 1972 Section: 2 Definitions. (e) "employee" means any person (other than an apprentice) employed on wages,  [*] in any establishment, factory, mine, oilfield, plantation, port, railway company or shop, to do any skilled, semi-skilled, or unskilled, manual, supervisory, technical or clerical work, whether the terms of such employment are express or implied,  [and whether or not such person is employed in a managerial or administrative capacity, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity].
So my question is now, am I eligible for 11 years gratuity or just the recent period (excluding first 8 months and next 4 years 8 mnoths) which they dedcuted salary under section 192?