Uninterrupted Services For Gratuity Calculation

Dear Sir,
One of our employee resigned in December 2014 after completing 4 years of his service. His full and final settlement was done. After One month in January 2015, he again applied for joining the duty through an application. Our organisation has issued him new Emp code and fresh appointment letter.
My question is, If he later claims the previous period of service, will that be consider for his gratuity calculation?
Regadrs,
Sandeep

Mr.Sandeep,
As per the Act, Gratuity is applicable to employee, if employee completes 4 years and 8 months continuous service in the company. As your employee had left the job after 4 years of service he is not eligible for gratuity. To claim gratuity he need to complete 4.8 years of service from the date of fresh appointment order date.
Even if he makes a claim legally it is not valid.
Regards
V.M.Lakshminarayanan

I do not agree with the interpretation given by V M Lakshminarayan to continuous service. As per Payment of Gratuity Act, on completion of 5 years' continuous service only a person will become eligible to gratuity. But the confusion of Sandeep is not about the eligibility but it is about clubbing of old service with the current service and his apprehension is whether this employee would claim gratuity latter, after one or two years, demanding that his date of joining is the date of first joining and not his second innings.
Since you have made the full and settlement when he left the company and he had again requested for employment and given him employment with new employee id etc, he should be considered as a new employee. Therefore, there cannot be any demand for considering his old date of joining when he leaves the company.
Madhu.T.K

Mr.Madhu,
Request you to refer the recent amendment in Gratuity Act related to eligibility criteria.
Regards
V.M.Lakshminarayanan

Please share the amendment to Payment of Gratuity Act. It will be helpful to many people like me who are eagerly waiting for such an amendment in the Act though we have some interpretations of the Court regarding continuous service in this direction. Please share.
Madhu.T.K