Requesting your advise to get the withhold amount .

Gautam Paul
I have joined my previous company on 6 th December,2018 .In my appointment letter gratuity amount Rs 818/- was mentioned as gratuity in my CTC to match my expected CTC .I was forced to resign on August,2022 and my last working day in my previous company was 30th September,2021.
My question is that is it legal to mention flat rate gratuity in appointment letter and included in CTC .So far I know that CTC is my hard earned money and gratuity is a gift from the company .Gratuity part cannot be included in CV .
Now my previous company is not releasing this gratuity part as I have not completed 5 years of regular service .
Please advise me the action to be taken to get the withhold amount back .
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