grauity calculation for missing employee declared civil dead after seven years.

Dear all.
I want to know the grauity calculation as per act for missing employee with following details
Date of joining 4/11/97
Missing date 1/5/2009 DDR Lodged
civil death 18/01/2017
what will be his length of service.

Length of service for gratuity will be from 04/11/97 to 01/05/2009 or date of commencement of absence from company.

If employee is on Uninformed leave for continuous 8 days then he is considered to be separated since his last working day. Full and final settlement should be done and it should be provide to his/her nominee. Whereas if in case employer doesn't able to pay due to lack of information of his/her nominee, then the FnF amount is been submitted under Labour welfare Fund after 3 Years.
Now, as per your query the gratuity for the above employee will be as follows-
No. of years he worked- 11Years
Gratuity= (Last Drawn Basic Salary/26)*15*11

Dear Colleague,
The question is what actions were taken between missing DDR was lodged on 1-5-2009 till 18-1-207 the date of death.
Were they continued on the rolls of the company or their names were struck off after giving at least three opportunities to report for work and their failure to do so.
If their names were struck off after due legal compliance, then their Gratuity is payable from date of joining till the date of DDR. If not , then the Gratuity will be payable till their date of retirement.
Regards,
Vinayak Nagarkar
HR-Consultant

Hi all,
In continuation of the above post Company considered period between date of missing (1/5/2009) to date of civil death (18/01/2017) as leave without pay (2819 days) and generated
Negative salary and did the deductions that was part of the salary.
But while paying gratuity company consider Date of missing (1/5/2009) as the last day.
and further no legal action has taken by company for this period.

for Gratuity person can apply if he complied 4.5 yrs