Gratuity payment eligibility - new company take over caused break in service?

Dear All,

Need your help and guidance. I was employed with one of my previous companies from Dec 2004 till Apr 2014. During Feb 2008, they decided to sell one of their divisions. I was part of that global takeover, but I never moved to the new company office. I was sitting with the same old team at the same workstation. The company that took over that business wanted me to move to Mumbai, which I declined. Within the next two months, I moved to another division of my old company and was there till 2012.

I was not aware of the gratuity situation until I encashed my PF from that old company. Now, when I am going to my old company, where I was from 2004 till 2012, they are saying that there was a break in service during those two months in Feb 2008 & Apr 2008 when the new company took over.

Would it be considered a break in service? I never physically moved to any other building. My salary was credited to the same account. I was working at the same workstation. The only difference is that when I resigned, I received a letter from the new company stating that I was working with Company A and that it was being taken over by another.

Please help, and if there is any case that can be referred to, let me know.

Also, if there is any legal person who can help, please let me know.

There are a few questions you need to answer before you are advised appropriately:

1. Were you issued any letter by the company that you are being absorbed into the new entity? If yes, can you share that with us?
2. When you continued in the old company, were you issued any letter/mail by your old company?
3. Who allowed you to continue, is there anything in writing to this effect?
4. Have they given you any letter saying that because of a break in service, you are not eligible for Gratuity?

Physical movement has nothing to do with this if you have the documents and have given your acknowledgment. Please share all the documents.

Dear Bharat Sir,

Thank you for your response. Please see below for my answers:

1. It was a global takeover of the banking business by another big bank, and we all received those letters back in 2008. I will check if I still have that letter with me.

2. It was like a global announcement had happened, and whoever was impacted was being informed about the amalgamation. We continued working in the same department, on the same work station, with the same team. As the new company's finance was centralized in Mumbai, due to personal issues, I never wanted to move to Mumbai. So, I migrated all the work to Mumbai and moved back to another division of my old company.

3. It was a senior leadership decision, and we all continued in the same department, doing the same work.

4. I had written an email to the Retrial team, and the director of the same department sent an email stating a few reasons, and this was one of the reasons.

I really need your help here. Even though I never moved to Mumbai, but even if you say that it was a global sale, I migrated all the work to Mumbai and went to another division of my old company. So, why are they treating it as a break in service?

Looking forward to your response.