You have posted that:
----"facts of Mettur Beard shell Ltd. case are different and not applicable in your case."
You can ask why it is not applicable.
For your knowledge: The Payment of Gratuity,1972 is statue and social security enactment, enacted by Central Government.
The judgment of High Court of any state, on a Central Govt Act is applicable throughout the territory of India.
----"Accordingly, the policy and stand point of company that Gratuity is payable only upon completion of 5 years of
continuous service is as per the provisions of gratuity act only.
You may further refer to the gratuity act (extract given below for reference) to understand the exceptions.
For the purposes of this Act, -
(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the
date with reference to which calculation is to be made, has actually worked under the employer for not less than
(ii) two hundred and forty days, in any other case;"
The language in the Act itself is crystal clear, hence No judgment is indded required to be quoted.
The Payment of Gratuity,1972 is statue and social security enactment, enacted by Central Government.
You may escalate to the good offices and demand reply within say next 7 days and also consult unions................
If good offices also do not provide relief then you can explore further options.