Salary structure where Gratuity is the part of CTC. How we are calculating Gratuity amount ?

Hi,
Lots of confusion,follow these 3 cases:
Case 1 - If you mention Gratuity will be paid as per the gratuity act then you must follow as per the act,it is not company's descrition to pay or not to pay gratuity after an employee has put in 5 years of service.(If it is mentioned in the appointment letter to be paid as per the act implies company is not willing to pay before 5 years and nor company is liable to pay gratuity before completion of 5 years)
Case 2 - If you are not mentioning it will be paid as per the gratuity act,but showing gratuity as a part of CTC then its company's descrition to give it even before completion of 5 years. (Can be paid with F & F settlement as per the formula given by Vivek)
Case 3 - However it is mandatory ,weather it is mentioned in the appointment letter or not if an employee has completed 5 years of service he must be paid gratuity as per the rule of the land (India).

Hi,
I m leaving my current organization after 5 years 2 months. after that also they are telling you are not applicable for gratuity. they informed its depends upon package when you start.
my starting salary was 8000 around and each year its increased on hike time so please tell me how to resolve this confusion or they are right.
please help me out.

You all given your views regarding this my question is that do we have any ceal from High court or supreme court to pay or not to pay the Gratuity amount, if it would be part of ctc? I think not yet.. if we are not following the law then why we are going through Payment of Gratuity Act,1972. Is there any means of Indian Labour laws for the Pvt.Ltd companies or firms?
NO...... ... then there is no mean actually... keeping you in the organization and firing you from the organization is completely company discretion ...it same giving you the gratuity and not giving you the gratuity it would be company decision not your and me or the govt.
Pvt companies and firms are pvt... the owner is only law and order no any Indian Labour Laws and govt.

I finished 4 years 5 months 10 days in last job. Gratuity was mentioned in my ANNUAL SALARY. As per my understanding, I am eligible to get anything mentioned in salary. should Am I eligible? can leaves be counted towards service duration?