You are suppose to get the gratuity as you have completed 5 years tenure with the comany while leaving organisation.
Before initiating legal proceeding write a letter to your employer stating the fact and indicating the option of opting legal remedy available under payment of gartuity act in case of non response.
Legal Process: File a complaint before local Controlling Authority under Payment of Gratuity Act ( Normally Asst. Com. of Labour of respective area)
From India, Mumbai
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