Yes you are eligible for the gratuity. I recommend you filling the Form 1 of Gratuity Act and handing it over the HR Department. Obtain the signature on the photocopy of the form. If HR refuses to sign, then send it by the Speed Post with acknowledgement due. Preserve the receipt from the Post Office.
If no communication is received after one month then send a reminder by email as well as by speed post. If still nothing happens then approach this forum for the further advice. However, if you are required to approach this forum, then do not start a new thread but write a new post on this thread only.
From India, Bangalore
From India, Hyderabad
Law gives you the right to get gratuity.
Submit necessary forms to the company by hand or speedpost and get acknowledgement.
Read Section 4 of the Payment of Gratuity Act.
Sec 7 of the same Act is also worth reading.
Once you read it you will understand time limit by which employee is to be paid(30days)
You are entitles for simple interest in case of delay in payment also.
So without delay write and submit the forms to your company and maintain documentation of the claim with dates,receipt at employer office etc.
From India, Pune
Payment of gratuity.
(1) Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years, -
(a) on his superannuation, or
(b) on his retirement or resignation, or
(c) on his death or disablement due to accident or disease:
Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement:
Provided further that in the case of death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs, and where any such nominees or heirs is a minor, the share of such minor, shall be deposited with the controlling authority who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed, until such minor attains majority.]
Explanation. : For the purposes of this section, disablement means such disablement as incapacitates an employee for the work which he, was capable of performing before the accident or disease resulting in such disablement.
(2) For every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to an employee at the rate of fifteen days wages based on the rate of wages last drawn by the employee concerned.
From India, Aizawl
From India, Mumbai