One needs to complete a minimum continuous service of 5 years to be eligible for gratuity; unless the company's policy or standing orders mentions a continuous service of 4 years and 240 days to be eligible for gratuity. I suggest your thoroughly check your appointment letter, company policy/ standing orders if there is a mention of tenure eligibility for gratuity.
If not, you can refer to the case of Mettur Beardsell, wherein the Madras High Court passed a judgement that an employee having worked for more than 240 days in the fifth year will be eligible for gratuity.
16th January 2019 From India, Delhi
Therefore, in any case, you are eligible to gratuity under the Act.
16th January 2019 From India, Salem
17th January 2019 From India, Delhi
Since you are the aggrieved party you may request the employer to provide you with the Gratuity for the service rendered. Wait for his answer before you take the next step. Check if he is citing any law or policy to the contrary before you take any legal action at this stage. You may as well challenge the company if they refuse to pay you and inform that you may have to go the Labour Comm to get your dues. Your lawyer will help in filing the papers with the relevant case laws. The fifth year completion is an issue as far as eligibility to the payment is concerned though 240 days criteria have been incorporated and also cited in the judgments.
Nothing to lose, go ahead and start with a request or two before embarking on the legal process.
Thanks and Regards
17th January 2019 From India, Hyderabad