Gratuity recovery issues

Sir, I worked as a supervisor for a private company named Maa Tara Industries in WestBengal for last 26 years. I resigned from the company due to their non payment issues for 8 months on 14th day of Sept 2016. I applied for Gratuity to the employer through Form-I , but did not get any reply. Then I proceed to Labour Commissioner and submitted Form-N for the recovery of the Gratuity. I have an experience certificate of 20 years continuous service from the Employer but do not have any appointment letter. I have an income certificate of Rs.8000 per month. I have a document of EPF deduction receipt from my Employer where it shows the details of 10 employees. Though they do not have 10 now. Many left due to deprivation. After 5-6 hearing at Regional Labour commissioner’s office , Assistant Labour Commissioner asked my opponent to submit their opinion in written. They said I will not get Gratuity as I misappropriated expensive materials from the factory of worth Rs. 3L. Though I never did it. They never warned or issued any notice against me. Should I get my Gratuity amount? Please guide Thank you