HDFC Bank Refuse To Give Gratuity Payments & also not follow the Hon’ble Supreme Court Judgement in the same as completed 4 yrs + 11 months(approx) service with them.

My latest mail to them………… Sir, I invite your urgent & Immediate Attention to the Captioned Subject. It is Highly Regrettable that despite of citing the Legal authority/case Law from the Highest Court of the country you have not resolved the issue till now thereby causing me pecuniary losses & mental agony. As regards the provisions of your Trust Deed, you will kindly agree & appreciate that neither me nor the provisions of Gratuity Act are Governed/Superceded by your Trust Deed. The Core issue of Payment of Gratuity is governed by the PF & GRATUITY ACT & The Judgement Passed by Hon’ble Supreme Court of India as appended for your perusal.———– “Clarity between gratuity eligibility service (5 or 4.8 yrs)? The gratuity eligibility service as per Gratuity Act 1972 is 5 years. But as per the judgment from Supreme Court below and the quotation from the book quoted below it seems that the gratuity eligibility service is 4 years 240 days. “Judgment from Supreme Court: “Yes, by virtue of the judgment of Supreme Court rendered under the provisions of the Industrial Dispute Act in Surendra Kumar Verma vs. Central Govt. Industrial Tribunal,[(1980) (4) S.C.C.433)], it is enough that an employee has a service of 240 days in the preceding 12 months and it is not necessary that he should have completed one whole year’s service. As the definition of continuous service in Industrial Dispute Act and Payment of Gratuity Act are synonymous, the same principal can be adopted under the act also and hence an employee rendering service of 4 year 10months 11days is considered to have completed 5 years continuous service under sec.4(2) and thereby is eligible for gratuity.” Quotation from the book: Law Book (Bare Act,2004) i.e. The Payment of Gratuity Act,1972″. In view of the above it is solicited that payment of Gratuity be made to me within 15 Days, failing which I shall be constrained to take Legal Recourse against you solely at your Cost, Risk & Responsibility. Looking forward for an early resolution.