Non providing of form 16

An employee is eligible for gratuity payment after completing 5 years of continuous service with one employer. Employer can decline to issue Form 16 in case there is no deduction of tax at source.It is clear from a bare reading of section 203 of the I T Act and the relevant rule 31 of IT Rule . [Certificate for tax deducted. 203.

WHy don you issue a legal notice to them and file complaint in Labor department

Since your employer is not responding to your efforts to solve the issue amicably you may resort to legal process by first issuing a legal notice demanidng all your dues.

If the employer is not responding or complying with the demands made, you may escalate the matter through legal forums and seek relief and remedy 

Yes, you may serve legal notice, as suggested. 

As regards to gratuity, is it 4 years 11months, or 5years 11months. Anyhow, you are entitled for gratuity.

Form 16 is statement of income tax deducted at source from salaries. In your case it is for income tax, any, deducted from your salary or other taxable payments. It is  of relevance and importance when you file income-tax returns for the Assessment Year. Form 16 is for salaries and Form 16A for other taxable payments like interest on deposits with banks etc. In the case of salaries the employer is required to deduct the entire tax that you are liable to pay and credit it to the Government account. In olden days you were required to file Form 16 also along with your tax returns. Nowadays it is posted on the internet and it will appear in Form 26AS. The assessee can log in using his PAN and download his Form 26AS. Government also can get information about TDS pertaining to you. Hence Form 16 is no more essential. However if the employer deducts tax from your salary but does not credit it into Government account, action may be taken against the employer but your liability to pay the tax will remain. You can log in and download your Form 26AS and find out any tax deducted from payments made to you have been credited to Government account. Form 16 is not essential. If any tax deducted from any payments to you whether by your employer appears on the internet under Form 26AS, you need not worry about Form 16 or 16A. Often crediting of TDS to Govt. account is delayed and even in genuine cases sometimes it appears by July only.