Employee who got shifted in new firm is entitled to get gratuity with whom (previous employer or new)?

Friends, My company has two director, they are brother too. In 2014 both are got separate with a new company and older one & also divided staff's as per their convenient. Now my question is that; the employee who got shifted in new firm is entitled to get gratuity with whom (previous employer or new), while they have worked for more than 10 yrs in previous company & still working with new firm. If staff claim their gratuity from previous one definitely they will be in loss. Please guide.

Dear Singh ,
Under Companies Act they ,( Directors ) have to give declaration that ,they are taking over liabilities of all types .They have to issue individual letters stating their services are in continuous in nature .Otherwise they have to make F & F of every individual .
Pl check
Regards ,
Y.R.Shirke

Shri Singh: The new company does not owe gratuity with respect to the service rendered in the previous company unless it is so provided in the Articles of Association/Memorandum of Association of the new company.

Thanks a lot for your guidance.

can suggest any one in this case.

Company having two director & now both are separated. Company divided in two firm. In this case what about gratuity ?? Some employee transferred to new company - 1) in this case is employee service treat as continues service. How to get transfer gratuity from old company to new company.

As per the Payment of Gratuity Act 1972, the employer is required to take a gratuity policy covering their liability. If both the companies have taken gratuity policies it is easier, otherwise at this point realising gratuity from the erstwhile employer is not so easy a task. Any how check the position.If the policy is not there then come back to the forum.