Eligibility Of Gratuity In Group Companies

dinesh@elecomdelhi.com
Dear Seniors,
Is gratuaity is eligibile, if an employee has served 5 years of services in more than one group companies, having same/family directors. He has not not served 5 years in a single named company.
Further, if it is mentioned on appointment letter that he can be transferred to any of working place / any of group companies, would eligibilty will make a difference.
Thanks in advance.
R.N.Khola
Dear Dinesh,
If you have taken or given your full & final amount for the service rendered by you at different places of your group of companies without completing five years of continuous service as per section 2A of the PG Act, 1972 then you are not entitled to have gratuity from the group of companies but if you are transferred from one company to another company as per term and condition of service with continuity of service then in that case if you serve different units & complete 5 years of service as per the requirement of the Act then in that case you are entitled to receive gratuity from the employer.
Opinion/ comments submitted as requested.
With Regards,
R.N.Khola



dinesh@elecomdelhi.com
Thanks for the quick reply.
The case is : 01.04.2004 till 31.03.2008 in Xyz Pvt Ltd and 01.04.2009 till date in ABC Pvt Ltd., both being the same group company having common directors & shareholders.
Thanks
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