First of all, let's understand how gratuity provisions operates. Any employee serving an organisation for a continuous period of 4 yr and 240 days becomes eligible for Gratuity. You ahd joined the organisation on 4/11/2008. The period of 4 yr 240 days end on app. 4/7/2012. So on 5/7/2012 you become eligible for gratuity.
Now about payout. Every organisation must provide for such payouts as per AS-15. So organisation must have already provided for your money. Its just that its not willing to provide you.
Now your doubts:
1. Am I eligible for Gratuity.: Yes
2. Can ask for a one month compensation from HR.: You always can. Question is will they provide... That we don't know.. But revert is likely to be NO unless they officially terminate you
3. It is mentioned in my offer letter that a written notice period is required from both parties ( employee and employer.) Yes. You can sue them but barely one go to court. Still you can base your claim for 1 month pay on this ground that 1 month notice buyout is must.
4. Can they terminate me? in case if don\'t resign. Definitely yes. They can turn the table and simply show that the process is off and lay off. Unless you got access to good lawyer or CPM or Pol Party its practically difficult to fight with companies.....
Suggestion: Try to amicably resolve the matter taking HR into confidence....
13th July 2013 From India, Gurgaon