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Karthikeyan (manager)     22 December 2015

Gratuity issue

 

Dear Expert,

My friend has come across a scenario : 

He was working with Company A for 4 years and 1 years ago this was taken over by Company B. Now Company B is declining the Gratuity Eligibility stating that He was employed with them only for 1 years..

In the offer letter from Company B it is stated that there will be continuity of service and the accrued amount is transferred to B.. When asked on this clause, they replied stating that we do not want to have an issue that time so we just added it..

I believe he is eligible for Gratuity..

Can he file a case against them for fraud or any other charges based on the documents He have from them like offer letter, Gratuity denial letter signed by Company head... If so what are the charges applicable.. ?

they are in total 100+ employees, earlier they used to provide gratuity to similar cases now due to bad performance of company they started to decline all such claims and started to force employees to resign who all were transferred(not letting them to complete total of 5 years).

Going forward everyone will face the same.

Regards,
Karthikeyan..



Learning

 2 Replies

Kumar Doab (FIN)     22 December 2015

This query is also posted at:

 

https://www.lawyersclubindia.com/experts/Gratuity-issue-576256.asp

 

 

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     25 December 2015

query repeated and answered


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