Refer to:
Section: 2A
Continuous service.
(2) (a) (i) (ii):
Count 4 years from DOJ.
In 5th year count 190 ( You have completed even 240 days)………………….the date of completion of uninterrupted service of 190/240 days shall be your date of reference to which calculation is to be made…………..
The Act is clear. There is no need to cite reference of any court judgment or demand any court judgment.
There are many threads on similar query 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
In this thread the descripttion by SC and HC has been provided and has been thoroughly discussed.
In case of other employee company finally relented 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 as ap, FormI under proper acknowledgment to o/o appointing authority/MD by redg. post (avoid speed post/courier), and set the ball rolling.
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.
If you are not able to resolve the matter in your favor on your own, approach your lawyer.
