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Madhu.T.KPayment of Gratuity Act applies to every factory, plantation, oil field or mine without reference to the number of employees employed. Therefore, if your establishment is not a shop or a commercial establishment there is no confusion regarding your eligibility. The requirement of ten persons applies only to shops and commercial establishments.
If it is possible to establish that both he companies are owned by the same directors with financial integrality/ transfer of funds from one company to another, you will get gratuity setting your old company in the same company also be covered by Payment of Gratuity Act right when you joined. For he purpose of eligibility your total service would be considered. It is not necessary that you should have five years in the second company of the same management. At the time of leaving if your company is covered by Gratuity Act, then what matters is whether you had joined five years back and it is not necessary that at the time of your joining the company,the company should be covered by Payment of Gratuity Act. What is important is that you have o establish hat both the companies are one and he same. The use of same mobile number and email id even after your joining he second company is a proof to show that both the companies are one and the same. In he similar way you have to collect other information, like transfer of funds for payment of salaries, purchase bills, accounting of one purchase in one company and hen transferring he same to another company by a book entry etc.
From India, Kannur