Gratuity Eligibility For Employee In Notice Period

Dear Mr. Korgaonkar K A,
I came across interesting publication that............
Supreme Courtís obiter in Kusum Ingots v. Union of India was referred by the Madras
High Court in Textile Technical Tradesmen Association v. Union of India to hold that a High Court's judgment on the constitutional validity of a central legislation will be applicable throughout the territory of India.
The payment of Gratuity is one of the tools for social security and so far the courts have taken pro employee stance.

Hi! I am working with a pvt Ltd company since last 8yrs. Now I have resigned from the post. I have taken leaves prior to maternity due to sickness for nearly 8months,Which are purely unpaid. Now my management told me that span will not be counted for gratuity. Is it fair?? Are they doing injustice to me?? Please help me.