Aniket Pathak
Sr. Officer Hr
Srinath Sai Ram
Hr Manager
Suman1974
Accounts

I was an employee of a Private Limited Company, whose business is making paper mill machinery from 01-06-2007. on 1-1-2011 management of the said co. transferred me to another private limited co. whose business is making paper. Directors of the both companies are same and the registered office of the company is in same address, but CIN no., P.F. esi no. etc are different. I was covered under group gratuity scheme of Lic. Lic transferred my gratuity fund from fund of the 1st company to fund of the 2nd co.
I resigned from 2 nd co. on 02-04-2016. In the mean time 1st co. has been closed.
Now the directors of the 2no. co. reject to pay the gratuity for the period from 01-06-2007 to 01-01-2011, they show my date of appointment is 02-01-2011.
My question is what is my date of appointment 01-06-2007 or 01-01-2011.
5th September 2017 From India, Kolkata
You have mentioned that your Gratuity of the 1st company was with LIC which was transferred to the LIC Gratuity of the 2nd company, since the LIC fund is being transferred there should not be any problem in making the payment, to the best of my belief. Please wait for other forum members as well as seniors view.
7th September 2017 From India, Ahmadabad
Dear Suman,
Did you explain the same situation to your current management. They need to understand that when third party like LIC is involved they need not take your gratuity as a liability. As LIC has transferred your claim LIC will pay you accordingly. your employer just have to fill the form with your first DOJ & let LIC decide how much you are eligible for. What you can do is Go to concern LIC office and inquire about your details. and convey the same to your employer.
7th September 2017 From India, Pune
your services were Transferred with continuity of Service from 1 Group company to another Group Company.Consequently, you are entitled for Gratuity from your original Date of Joining.Further, your previous Gratuity amount has alrady been transferred to your present Employer Account.Please take up the matter with The Controlling Authority under gratuity by submitting your Gratuity Claim to your present Employer without further delay
9th September 2017 From India, New Delhi
1. The contents of the letter to be seen to understand whether it was a case of transfer or new appointment.
2. Having said that, since equitable transfer of interest has taken place which indicates that it is a case transfer between group cos, the date of joining in the 1st Co therefore, should be reckoned as date of joining for deciding the eligibility of gratuity.
3. LIC, or for that matter, non of the Insurer, can settle any gratuity claim directly in favor of outgoing employee. Gratuity Trust or in the absence of gratuity Trust, The Employer, will be the disbursing point .
4. If you are very sure of equitable transfer of interest having taken place, then the 'date of joining' in LIC database must be the 'date of joining' of the 1st Co. This will give you a clear picture as to how both these Cos have treated you. If the 'DOJ' in LIC record is what you are claiming for, then you have got every scope of getting the claim & if the 2nd Employer does not agree, you can take the legal recourse. (but only after getting clarity with proof on all the above points...)
11th September 2017 From India, Hyderabad
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