I have got 2 querries regarding Gratuity & Performance linked Incentive Bonus which is a part of CTC ?

I joined in a Pvt Ltd. companies in May 25-2009 & resigned on 8th October 2009 due to some personal reasons.

In my CTC Gratuity is mentioned @4.81% of Basic as part of CTC, but the word payment of Gratuity ACT 1972 or the word "Eligibility " is also missing in the appointment letter. I think in this case 5 years of continous service is not applicable ? Also my other collegues have already received the gratuity although their service is only for a year.(less than 5 years).

My querry is that is not contractual obligantions as per indian contact ACT ? In my full & final settlement, Gratuity is not paid to me .

Pl advise how to go about this ?

My Second querry is performance linked Incentive which is also part of CTC ? It is mentioned in my appointment letter that VCTC as per rules of the company. They said that minimum one year completion in the company, then u will get it which is not mentioned in the appointment letter.I think it is also contractual obligations since it is part of my CTC.

Pl advise how to go about this ?

Please send ur opinion in my mail id :
or you can call me at my cell no: 09792366665

Presently I am not working anywhere, I need this money urgetly. Anybody can help me to give some solid discussions on this, then I shall be highly obliged.

Would appreciate, your early response in this regard.
9th December 2009 From India, Delhi
till date, I have not received a single reply on my mail id on the above issue. Please someone help me in this issue or call me at my cell no.09792366665
20th December 2009 From India, Delhi
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