Grauity Withdrawal

Hi,
Please let me know incase a employee has completed 4 years and 300 days in August 09 and resigned from the job after tihs . Is he eligible for grauity .
There is no intimation from employer side regarding payment for this , if as per new ruling this tenure is eligble to get grauity.
Please let me know the process , how the process of grauity withdrawal can be initiated

IN CASE OF RESIGNATION FOR ENTITLEMENT OF GRATUITY-ACTUAL 5 YEARS IS REQUIRED i.e 365 DAYS OF ALL 5 YEARS AND FOR THAT ,CASE LAWS OF SUPREME COURT ARE THE BEST GUIDE LINES REMEMBER ="SUPREME COURT".

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:
Note :- "completed years of service" means continuous service for 5 years.
1) If your service is 4 yrs. 245 days..
a) 1 year - 280 working days
b) 2 year - 245 working days
c) 3 year - 279 working days
d) 4 year - 253 working days
e) 5 year - 302 days of service in the organization.
In this case, you are not eligible for gratuity.
f) 1 year - 280 working days
g) 2 year - 245 working days
h) 3 year - 279 working days
i) 4 year - 253 working days
j) 5 year - 241 working days
k) 6 year – 1 day of service in the organization.
If you not fulfill the 240 working days in any continuous service within 5 years also In this case, you are eligible for gratuity.