Gratuity claim - company is not giving me a gratuity, which has been with them for almost seven years

Dear Sir, Regarding my Gratuity

I have worked for three years in a company & during these three years, my PF was deducted. After that, I left the company without resigning and again joined after three months of the same company without any appointment letter.
When I joined again, my basic salary was 16000, and the company advised me that PF deduction is not compulsory, so I agreed and worked for 4 years and 5 months.
Also, I have withdrawn my entire PF deduction. Company exit me from PF account before i rejoin.

Now, the company is not giving me a gratuity, which has been with them for almost seven years. So, advise me on how I can claim my gratuity.

Hi

To claim Gratuity you should have completed contineous 5 years of service. You claim after your initial service period of 3 years you left the company and rejoined after 3 months. Now the question is how that 3 months absence was treated by your employer? Whether you were officially relieved/ terminated or that 3 months was considered as official break-in-service?

If the employer officially relieved you and then took you back as a fresh employee then Gratuity will not be applicable for you.

So clarify about that 3 months absence and how it was addressed by the employer.

Hi,

Your statement " Company exit me from PF account before i rejoin " indicates that your Employer marked LWD for you and removed you out of rolls.

Added to the above you had worked without any employment contract in place ... which is also a setback for you.