You have posted that:
You may obtain the employee/service rule book, company policy on Bonus/Ex.Gracia /Gratuity/Leave and leave Encashment, and also request to explain to you in writing how the amounts paid to you have been calculated. {If deemed fit at your end you may mention what was committed to you in a gentle manner and carefully, without any emotional outburst and without giving any opportunity to HR/Line management/company to convert it into an opportunity to start an altercation.}
Based on the reply of the company you may proceed further.
--“ company hr before joning they told me” which implies the statement of HR is verbal.
The HR personnel may not agree that it was stated by them.
If you feel you may lodge your contentions to good offices of your appointing authority, MD, Company Secretary with a copy of Head-HR.
Before accepting the job offer candidate should raise all queries whatsoever preferably in writing and obtain reply in writing even if by email from official email id of the company personnel who has been signing on the interview letter, offer letter etc.
It is always better for the candidate and employee to know and understand the various payouts expressed in CTC sheet and various acts, laws, applicable to employment and rights of the employee.
Your CTC does not mean guaranteed wages payable to you. CTC implies “Cost to Company” meaning anything and everything company has to spend because of you.
Does the company have its on trust for managing and payment of Gratuity? If yes you may obtain the rules of payment of gratuity from company. If not you may refer to Payment of Gratuity Act. Gratuity is paid on separation as per rules of payment of Gratuity Act. Employer can grant even better benefits to employee.
Companies do not shy to include Gratuity in CTC sheet although it is a social security tool and statutory right of the employee for which employee does not have to make any contribution. If the company has to register for gratuity act it is mandatory to obtain insurance from LIC and company has to pay the entire installment, unlike group insurance or PF for which employee also contributes.
There are various threads in LCI on Gratuity in CTC, some of them at:
https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49#.UK33c-8yzvo
You may go thru these.
There are some threads in which they employees from IT sector have mentioned that they have staked claim on proportionate Gratuity Payment even if they resigned before completion of 5 years of employment as Gratuity was mentioned in CTC sheet.
You are eligible to get all payouts mentioned in your CTC sheet.
--“that i will receive Rs. 24923/- at the time of Diwali which was deduct from my ctc as part of ctc as under”
Probably No deduction has been made and no deduction has been shown in salary slip for Bonus, leave encashment, gratuity.
Statutory bonus is paid as per explanation of employee and eligibility under Payment of Bonus Act, before 30th Nov. If the bonus payable to your designation is some other form of Bonus e.g. performance bonus you may get it clarified forever in writing, and obtain the complete printed policy in writing pertaining to this bonus from good offices.
Paid leave is encashed, and you may go thru factory Act and its provision on Leave encashment. Company can have its own leave policy/policy on leave encashment every year.
