Need your opinion on below issue
A). Wheather an employee is eligible for Ex Gratia if he is worked for less than 5yrs and gratuity is mention in his CTC at monthly 8.33% of Basic but not shown is salary slip as deduction, here in my case i worked for a reputed organization for last 2.5yrs and Gratuity is mention in my CTC. as a normal law of gratuity , it is payable only when you compelete 5yrs of contionius services but if gratuity is mention is CTC , can an employee is eligible to claim.
b. if it is paybale before 5yrs of services then can you provide me any Case Law or any rule or law which is support above query.