Sir, I have worked in Private Limited Company from July-2006 to September 2017 as Accounts Manager from July-2012 to April-2014 they have given me Salary from their Sister Concern Company. Directors and Office premises are same for both Companies. I was Handling Both Companies Accounts. Can i Calculate Gratuity from 2006 to 2017.Please help.
7th September 2019 From India, New Delhi
Dear friend,
Common ownership of different industrial Establishments by the same individual or a group of persons does not ensure transfer of employees among the various units as per the Employer's own whims and fancies. In the eye of law, all such units are separate legal entities with independent operations unless they have common balance sheet and functional integralty. There is no such term or concept as "sister concern" in any law relating to business entities. Therefore certain factual clarifications are needed before answering your question.
1) In which Company's name you were initially appointed?
2) In which Company's roll your name remained during the entire period from July,2006 to September,2017?
3) Prior to or after the practice of debiting the payment of your salary for the period between July 2012 and April, 2014 to the account of the so called sister company, whether any formal transfer order or inter Company note were issued?
4) Whether you are still in the services of the original Private Limited Company or resigned or planning to resign?
May I expect your immediate detailed reply?
8th September 2019 From India, Salem
Dear Sir ,
Dear Sir,

Answer of your question is:-

1. I am appointed in MTC in 2006. they have formed a new company in 2010 . i was handling both companies accounts as an accounts head.

2. No any formal transfer letter issued when they has been given salary from their sister concern company name "imperial"
3. i left the organization in September 2017, because they have not sanctioned maternity leave for the period of 1st October-2017 to 31st March-2017
4. After April-2014 to 30th September they again gave me salary from MTC .
4. after
9th September 2019 From India, New Delhi
From your latest post it is evident that you were in the services of the MTC from 2006 to 2017 till September and resigned your job.
However, in the meantime when the new company styled as "Imperial" was formed either by MTC or by it's directors or owners as the case be, you were asked to look after the accounts of MTC and you also did so as an employee of Imperial effective from 2010.
Obviously as per the oral instructions of the persons who happened to be the directors or partners of both the companies, your salary for the period from July,2012 to April, 2014 was debited to the newly formed company's accounts.
Though as the Accounts Head for both the companies, you were aware of it, you didn't raise any objections to such practice that continued only up to April,2014 for the probable reason that you lightly took it as a matter of book adjustment without any formal orders of transfer of your services or any inter-company note.
From May 2014 up to September,2017 your salary was paid again from the old company. And you put down the papers in September,2017 due to the grievance you just mentioned.
Therefore, you had been in the employment of MTC continuously without any formal/official break and rendered a continuous service of 11 years.
You send a formal notice to MTC claiming gratuity for the entire period of your service and await its response. Later you can file your claim for gratuity depending on their response.
9th September 2019 From India, Salem
Sir, thankyou so much for solving my query.
10th September 2019 From India, New Delhi
First you orally speak to the concerned to provide gratuity. If they have not responded as sir said you can send written notice to the concerned. You are eligible for gratuity.

Regards,
Yesterday From India, Bangalore
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