Can I claim my gratuity now through legal process even though I have signed the F&F papers?

Neeraj Kaushal,

Hi All,
I have been going through a problem and i am sure that you all would be able to guide me on the further course of action.
To begin with I have more than25 years of experience in manufacturing field and my last job was with an Pvt. Ltd. company for a period of 4 years and 8 months.
After 5 Months they have not made my Final settlement and not calculated gratuity in that.
Can I claim my gratuity now through legal process even though I have signed the F&F papers?

Regards
Neeraj

Yes, you can stake claim for gratuity from the employer, as well as any other dues payable to you. You may write to them, if the answer is not on the affirmative you may address the claim to the Controlling Authority under the Payment of Gratuity Act 1972 (i.e., the local Labour Officer) and follow up with him. He has the legal authority to get the gratuity paid to you.

Actually at the moment, the act only specifies five years of continuous service. There is no elaboration on whether less than 5 years can get rounded off to five. They can deny you gratuity on the basis of that. Now this 6 months and 8 months get counted as one year for the time spent after the five years of service.