If the said Gratuity amount was mentioned as part of your committed CTC the same shall be paid you at the time of separation, if not as Gratuity as "ex-gratia" the difference will be that it will attract IT.
You can take it up with labour office of your area or issue a notice through an advocate, probability of yours succeeding is unpredictable.
99 98 97 10 65
4th January 2019 From India, Mumbai
Even if the employer shows the gratuity amount as a part of your Total Cost to the Company; you can not claim it before completing 5 years of continuous service. As long as employer is not deducting the Gratuity amount from your wages; there is no problem.
4th January 2019 From India, Delhi
I give you an example.
Let an employee X working under the employer Y from 01.01.2010 to 30.09.2014 with Rs. 20,000/- gross salary. He has contributed total 3 yr 9 months service to the company. Hence Mr. X is not eligible for gratuity as per the Act.
But if, the he would have completed 5 years, then his gratuity amount would be Rs. 57,692/- [15*20,000*5)/26] i.e. Rs. 962/- per month.
The employer may have included this amount (approx. Rs. 1,000/-)with his salary the gross as Rs. 21,000/-. But Mr. X might thought that his salary is Rs. 21,000/month and calculated that for the service of 3 years and 9 months, the employer have deducted his gratuity amount of Rs. 43,270/- (Rs. 962/- * 45 month).
But this deduction is not illegal.
This is only a perception. Kindly do not take it in your part.
Rakesh Kumar Sahoo
5th January 2019 From India, Brahmapur
You would not get anything if there is no deduction. The Gratuity shown as part of CTC is something different, if not any deduction happened on account of gratuity from your Salary.
7th January 2019 From India, Mumbai