Dear Vmpraj74,
My answer to your query is as under:
Gratuity is payable by employer as per POG Act. As per this Act, gratuity is payable at the time of leaving the service after putting minimum 5 years. Since you worked for 9 months, you are not entitled for gratuity from your employer.
Now I am coming to the aspect of gratuity is included in CTC.
You said that the CTC offered by your employer included Gratuity with monthly deduction towards it.
I will say that you are projecting it wrongly. Probably it may not be your mistake. It may be a mistake of your HR who himself has not understood the concept of CTC and projected you wrongly.
I agree that there is a reduction in your take home salary but CTC is not a salary to you and it is a cost to the company.
Employer has to make provision for your gratuity from beginning of your employment by investing in Gratuity fund. Of course he gets set off and set on when any member leaves and any member newly joins every year while computing the fund. But this calculation he does not aware of. This calculation is done by actuarial. Therefore if he includes gratuity in CTC, I will not say that he is wrong. I am also not an advocate for adding gratuity in CTC by employer. This topic is entirely different one and out of context here.
This kind of unpleasant scene I always see. I blame HR person for this. It is his failure. He is not trying to understand the concept of CTC. Answer he has every time, my boss / employer told me to deduct the gratuity from your salary.
On this forum also I tried to tell about the concept of CTC to HR professionals on many occasion. But I regret, there were invariably counter discussions meaningless / vagueness only.
If I am mistaken not, in one of my postings I had suggested the members to give a foot note to CTC stating gratuity though it is considered in CTC, payable to employee on his leaving after completion of 5 years of service.
Hope my discussion is not meaningless here.