Worked 4 years with a company but Gratuity not received

Dear Sir,
My brother worked in a reputed company for 4 years. Then left the job and joined another company as a purchase officer. When he was working with old company they was cutting certain amount as a Gratuity fron monthly salary. But after leaving job, they denied amount of gratuity return to my brother.
Shall he liable to get his amount, which is deducted by the company as a Gratuity. Please advice.

He is not entitled to gratuity as per current rules.
If the company was cutting/deducting some amount as gratuity,it was an irregular act.
Was the deduction show on payslip?

Legally speaking your brother is not entitled to gratuity as per the Act as he has not completed 5 years continuous service. However it is a set trend in many companies to consider as a part of CTC and the company do not pay the same to the employee if he leaves the job before completion of 5 on the pretext of the provisions of the Act. This is absolutely inappropriate and illegal on the part of the management still it is being followed. It is suggested that your brother approach the top management giving the facts of the CTC where gratuity has been taken as a part of CTC and request them to pay your own money which has been deducted as a part of your salary.
R R Kapoor
Vadodara