Regarding Gratuity Claim - Please Suggest

Dear All
I want to take advice regarding gratuity payment.
One of my friend working in a organization for last 11 years (oct 1996 - Aug 2007)has left the organization recently and now she has inquired about her gratuity.
In her 11 years tenure there was a gap of 1 month (Oct 2003 - Nov 2003) when she left the company and rejoined after 1 month.
During her rejoining she was not given any new appointment letter and she was not even clarified for any such things that this gap of 1 month will cancel her candidature for claiming gratuity.
When she left the company there was no formality done and rejoining was based on mutual undeerstanding.
I request all people from HR fraternity to throw light on this issue and suggest the best possible solution.
Regards
Shalini

Dear Shalini
When your friend left in Oct 03 was any F&F settlment made and was any signature taken on the F&F.

Dear Shalini,
Ur friend has a gap of one month tenure on which ground.Either she is undergoing medical treatment or is she is on long leave or any other reason.
No employer has no right to stop the Gratuity even though the employee will not serve the organisation continuosly for 3 years.If any employee who commit mistake like fraud or damage any company property then with the evidence he can stop or deduct that damage amount and has to pay.
This is as per my knowledge,
Sirisha.

Dear All
No full and final settlement was made when she rejoined , infact no written formality was done.
Actually she was not well and thats why she left the company for 1 month.
Regards
Shalini

Hi Shalini,
Whether your friend has given the resignation letter and whether she got the relieving formalities from her company for that one month?
Or
She need to check with the LIC whether after that 'one month', they use to receiver the Gratuity yearly premium by her name from the company or not?
Regards,
AKshay

Dear Shalini
1.For the first period from Oct.96 to Oct.03, Apprx. 07 years your friend was eligible for gratuity. if full & final was made at that time.
2. if her full & final was not done that time then on which ground her one month absence adjusted. Whether she was continious in employment or employer has made a break in service during Oct. 03 to Nov.03 ,(Its a question to be answered)
Truly
On considering, if there is a break in service (during nov.03), in that case also the gratuity was payable for the period of Oct.96 to Oct.03 for 07 years. and the second period of service from nov,03 to Aug.07, gratuity is not payable since period is less than five years.
further i would like to have all the data of the matter to opine on the subject. As far as your question is concerned, I have aforesaid answer only.
thanks
Mohd. Arif Khan
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Dear Shalini Madam,
I Had join a company on May 1999 & Resign the job on Nov 2007 ,
But many times follow up with this company he has not given to my gratuity
Pl suggest in that case what can i do?
Regards,
Jaywant Sonwane
9922944993
Nashik Maharastra
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