Dear Shri Washington ji,
The gratuity due at the rate given in the above posts will have to be paid by your company to the outgoing employee. The government is no way concerned for payment of gratuity as it is concerend in the case of PF, Deposit linked insurance benefit, pension etc. Some companies make arrangements with insurance companies beforehand for payment of gratuity to their employees in the case of retirement, resignation, death etc. If there is no such arrangement made by your company, you will have to pay the gratuity to the resigning employee within 30 days from the date of receipt of his application. For delayed payment, simple interest is payable. The government comes in the picture only if the ex-employee files a complaint about non-receipt of gratuity against his former employer. The Labour Commissioner (State or Central as the case may be) is competent authority to deal with such complaints.
Shyam Agrawal