Gratuity claim

Querist : Anonymous (Querist) 29 August 2023 This query is : Resolved
I was working with a PSU since October 2000. Recently I resigned from the company and joined another PSU. NOC was required from previous organization for transfer of service benefits. The previous company issued me the NOC which I submitted in my new company. Now, when I submitted the claim for Gratuity ( 20 Lakh ), the previous employer is now saying that you cannot claim Gratuity. It can only be transferred to your new company.
I want to know if I can ask for settlement of gratuity or not. Is transfer of gratuity is the only option? Can anyone tell me if there is any rule/Law/Act which says that Gratuity can only be transferred from previous employer to new employer and employee cannot claim for settlement in cases where NOC has been issued? Kindly quote the Clause/Act which says that gratuity can only be transferred and there is no other way to settle the Gratuity.

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kavksatyanarayana (Expert) 29 August 2023
No connection will be counted for one unit to another and such service periods of two units are different and will not be counted or clubbed for continuity of service as per the provision of the Payment of Gratuity Act.

T. Kalaiselvan, Advocate (Expert) 31 August 2023
Have you joined the new organisation on a technical resignation from the previous organisation?
In Normal Resignation the employee does not get pension benefits from service rendered in past whereas in Technical Resignation the employee gets benefits of service rendered in past.
the Government servant at the time of resignation should specifically make a. request, indicating that he is resigning to take up another appointment under. Government/ Government organisation for which he applied before joining the. Government service and that his resignation may be treated a 'technical. resignation'.
the authority accepting the resignation should satisfy itself that had the employee been in service on the date of application for the post mentioned by the employee, his application would have been forwarded through proper channel.
Mere NOC from previous employer will not qualify the technical resignation.

Querist : Anonymous (Querist) 31 August 2023
@T. Kalaiselvan, Sir ! NOC was issued by my previous employer for transfer of service benefits. Can I claim payment of Gratuity ? The previous employer says that resignation was accepted on basis of NOC for transfer of service benefits, hence Gratuity can only be transferred. It cannot be paid to me. Kindly suggest

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