More response needed from differen legal experts of service matter

Querist : Anonymous (Querist) 30 December 2011 This query is : Resolved
Dear legal Experts,

Please give your advise on the following query

Facts of the case
----------------------
An employee worked in 4 different delhi based companies of a large group having five different companies (manufacturing

and marketing same product) for 10 years as a clerk in corporate Income tax department looking after and assisting CA's in

Income tax work of all 5 companies.He also have appointment letters having 100% identical terms and conditions of all 4

different companies.

During his 10 year of tenure he worked for 2 years in first company, 2 years in second company, 3 years in third company

and 3 year in fourth company since the group companies keep on closing their manufacturing operations regularly as a

result of cost cutting and competetion from MNC but as old income tax work was going on for all the companies he was

needed and shifted regularly in the running manufacturing company.In the eleventh year of his service he was shifted to the

fifth company with a new appointment letter having same languages as earlier ones to do the same job profile but this time

he was given gratuity and full and final settlement of 10 year of service as per decision of management with a verbal

assurance from HR Manager of fifth company (who was also shifted from 4th company along with the workman) that since

your services are needed further your continuity of service is not broken.

The workman never applied for this 10 year of gratuity (from 4 companies) on Form I but his gratuity payment cheque of 10

year service was given to him after 3 months of his date of exit from the account of 4th company where he served only 3 years

and although he was not interested to accept, the HR Manager advice him not to ignore it as it will make management

angry with him and he may loose his job.Unwillingly under fear of losing job he accepted and encashed the cheque.In the 11th year one of his colleague who also received the gratuity from 4th company before joining fifth company resigned and at that time he was given gratuity amount as per formula of gratuity of 1 year of service from fifth company under Ex-Gratia head but not under gratuity head on his F/F payment.

Later on after passing of two more years the fifth company got merged in a large company who started retrenching old

employees under garb of economic recession and reorganisation of various department by giving retrenchment

compensation as per ID Act.This company also retrenched the workman by giving him only compensation from his date of

joining in the fifth company i.e. only for 2 years.

Now my questions to labour case experts is as follows :

Can the workman file a case in labour court and claim retrenchment compensation of total 12 year of service on the grounds

that

1)His service was continuous because at that time gratuity payment was just a formality by management of group controlling five

companies having synergy in business and mutual understanding among themselves so far as the employee services are

concerned

2) The gratuity paid was of 10 years from 4th company whereas the workman served this 4th company only for 3 years

3) The workman never claimed gratuity on his own by applying on Form 'I' as per gratuity act or never given resignation to

4th company

4) The gratuity payment on Form L given by 4th company was not within 30 days but after 90 days and is also without

interest of delayed days.

5) Form L do not have Name, Description or rubber stamp of 4th company ( but only have signatures of then HR Manager who advised him)

6) His colleague was given 1 year of gratuity under exgratia head keeping in mind the continuity of his service in the group

Please cite some High/Apex court cases if any favoring my right.

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Sudhir Kumar, Advocate (Expert) 30 December 2011
So he got gatuity in respect of previous employkent and still wants to claim being in service of 5th company (merged with large one)and claim retrenthcment benefit in respect of pst 10 years as well. What happened to his PF balance?

Devajyoti Barman (Expert) 30 December 2011
Make your query short for better response.

prabhakar singh (Expert) 31 December 2011
less and precise facts needed.

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