Applicability of Act
The Payment of Gratuity Act 1972 applies to the whole of India and so far as it relates to ports and plantations it does not apply to the State of Jammu and Kashmir. It applies to: (a) every factory, mine, oilfield, plantation, port and railway company. (b) Every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishment in a State, in which 10 or more persons are or were employed on any day in the preceding 12 months.
So you have to be certain that 10 or more employee where hired in the last 12 months.
11th March 2016 From India, Pune
Since the poster's worked for more than 5 years before his resignation, he is eligible to get gratuity.
11th March 2016 From India, Salem