Gratuity payable

Has employer in writing by any rule/policy/award/agreement/contract/appointment letter/emial etc etc communicated that you shall be eligible for payment of Gratuity if you have worked for less that 4Y190/240D?

If yes you are eligible.

GO thru;

Payment of Gratuity Act;4(5)

https://www.labour.nic.in/sites/default/files/ThePaymentofGratuityAct1972.pdf

If NO you are not eligible, as you have worked for 4Y25D.

The employer can pay by its sweet will.

5 years good service to be complated for eligibile to get gratuity. No memos issued by employer during your eimployment. This is the condition for employee.

Payment of Gratuity Act, 1972;2A {(2)(a)(i)(ii)} 
If employee has worked in each year/last year for 240/190D then is eligible.

Thee are many threads on similar query at LCI e.g;

https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49

https://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp

If there is any contract/agreement as already mentioned above then you can claim Gratuity.

If there is None, then request the employer.......... 

Service being less than 5 years, gratuity is not permissible. So far, I have not come across any such liberal employer, who would have allowed gratuity before completion of 5 years.

There are many publications and threads at LCI also that;

Many employers offer Gratuity for 2 years of service...........

Many employers may pay as per sweet will..........

Needless to mention if employer has offered better terms or if EMPLOYEE has negotiated better terms and such T&C are on rceord/established employee is eligible.

5Y is not certainly criteria............per extent clauses of the Act that is statue and instrument of social welfare.