Gratuity payment not done while doing final settlement 

Gratuity payment not done while doing final settlement while leaving the organisation. This was a case of an employment where I was working with 2 group companies of durations of 4.4 yrs and 1.6 yrs ..In total I have completed 5.10 yrs with that group Question I have a situation where I was employed with a company for 4.2 yrs . Now the company transferred me to their sister concern due to project issues and I worked there for close to 1.5 yrs. Now I have quit the company and joined another group.But while doing full and final settlement ,…

by Shivendra Pratap Singh | Apr 29, 2022 | Service Matters, Civil Matters

Gratuity payment not done while doing final settlement. Gratuity payment not done while doing final settlement while leaving the organisation. This was a case of an employment where I was working with 2 group companies of durations of 4.4 yrs and 1.6 yrs ..In total I have completed 5.10 yrs with that group Question I have a situation where I was employed with a company for 4.2 yrs . Now the company transferred me to their sister concern due to project issues and I worked there for close to 1.5 yrs.

Now I have quit the company and joined another group. But while doing full and final settlement , the company has not released gratuity stating that I have not completed 5 yrs in a particular establishment Now , both group companies have same holding company , however are registered differently and while generating Form 16 have separate TAN as well ... Can anyone please help me in this case as I am feeling perplexed what to do in this case.

Your company is right and you're not entitled for the payment of gratuity. The subsequent company is an independent holding and registered in an independent name. Hence, you cannot say that you have worked in the same company. 

Five years service in a company is mandatory for the payment of gratuity. In these circumstances you cannot claim payment of gratuity. Your claim regarding payment of gratuity was refused at the time of final settlement.

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Shivendra Pratap Singh

Shivendra Pratap Singh

Advocate

Advocate Shivendra, practicing law since 2005, specializes in criminal and matrimonial cases, extensive litigatin experience before the High Court, Sessions court & Family Court. He established kanoonirai.com in 2014 to provide dependable and pragmatic legal support. Over the years, he has successfully assisted thousands of clients, making the platform a trusted resource for criminal and matrimonial dispute resolution in India.

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