Confused About Gratuity Eligibility After 4 Years and 9 Months in a PSU? Need Advice!

Hi guys, I have worked for a PSU in India for 4 years and 9 months and have recently resigned to move to a private firm (currently serving my notice period). I am aware of a Supreme Court ruling that states the eligibility for gratuity is 4 years and 6 months of continuous employment for a company that operates five days a week. My HR department is not agreeing to release my gratuity, citing that they aren't aware of any such ruling. Can someone here help me and tell me if I am eligible for the gratuity? If yes, how can I go about getting it released from my employer?

Thanks and Regards,
MM

Dear Friend,

You are advised as follows:

Please go through the various discussions on this forum on the same subject and come to your conclusions. If you determine that you are eligible for Gratuity, convince your management. If your management does not agree, take legal action against the management to obtain Gratuity.

Please do not forget to report the outcome of your matter in this thread for the benefit of everyone.

Dear Nathrao ji,

Even if there is an incident of paying Gratuity for 4 years and 9 months of service by any company in Chennai or Kerala, it does not necessarily mean there is a law requiring it. I stand by my opinion until there is a verdict from the respective court. A company can choose to pay more than what the law mandates.

Dear Keshavji,

I do agree that the mere voluntary act of payment of gratuity to an exiting employee with 4 years and 9 months of service does not make it a law or compulsion for other employers to follow suit. My only point is that this topic has been argued several times in various threads, but as I said, nobody is bringing up the case of an exiting employee receiving gratuity with 4 years and 9 months of service.

The act states that one needs to complete five years of service. You claim that you are eligible, but your employer does not consider it so. Now, the only option for you is to take shelter under the law as per your claim.