Gratuity Claim Before 5 Years

Dear all
i joined one organisation in first Nov 2011 and left on 17 may 2016. As per my annual increment sheet gratuity is a part of My CTC. it is not mentioned in that sheet that gratuity will be paid as per act.
then i had a discussion with one HR person that i can claim gratuity even before completion of 5 years provided my salary sheet does not contain statement that gratuity will be paid as per act and it should be a part of your CTC,
so pls clarify that how can i claim gratuity.
Regards

You are entitled to gratuity as per the Payment of Gratuity Act or any amount decided by the employer as gratuity, whichever is higher.
Check my blog at www.labourlawhub.com

Gratuity is payable on termination of employment, either by way of resignation or by termination by the employer.
As for the add this is the only case in which you are entitled. of course nothing stops the employer from paying higher then what The act provides. If you ask me, the employer is not required to pay that amount even if it is a part of your CTC. If they do pay, you are lucky