I concur with the learned members who are of the view that the questioner is not eligible to gratuity to the extent that taking the two spells of service rendered prior to his resignation and after his rejoining and subsequent resignation by him together as a single stretch of continuous service. Resignation is a lawful way of terminating the contract of employment at the option of the employee subject to the acceptance of the same by the employer. In such a situation, the resignation which is accepted and acted up on terminates the contract of employment thereby extinguishing their employer-employee relationship. The employee would be eligible for gratuity for the service rendered had he completed the qualifying service as per the Gratuity Act. His gratuity should have been claimed and/or paid then and there. Afterwards, if he joins the service of the same employer again, irrespective of the time gap, its a fresh service enabled under a a new contract of employment between them. If he resigns again, his stake for gratuity is actually limited to the no of years of continuous service rendered by him under the subsequent contract of employment only. Just because the gratuity for the previous spell of service remains unpaid for whatever reason, he can not club the subsequent service with the previous one and claim gratuity for both.
Though the situation visualized by Mr.KK!HR is only hypothetical, the claim for gratuity combining both the spells together as one would be sustainable subject to the subsistence of the conditions mentioned by him. From India, Salem