Merits and demerits of paying gratuity as a monthly component in salary?

Hi to all of you,
Here is the new issue kindly provide your suggestions;
One employee is working in "XYZ Industries" for 3 years; now "XYZ Industries" is closed by the owners & shifted all the workers in new firm"XYZ_NEW_firm".
In this case query is as listed below;
1) now one employee resigned his job from "XYZ_NEW_firm" after 2years & claims for gratuity saying i have completed 5-years.
( 3-years in "XYZ_Industries" + 2-years "XYZ_NEW_firm").
In this scenario is it legal liability of the "XYZ_NEW_firm" to pay gratuity the resigned employee?
Kindly provide solution..
Best Regards,
Max

Hello sir Mr Umakanthan.M
Hi to all of you,
Here is the new issue kindly provide your suggestions;
One employee is working in "XYZ Industries" for 3 years; now "XYZ Industries" is closed by the owners & shifted all the workers in new firm"XYZ_NEW_firm".
In this case query is as listed below;
1) now one employee resigned his job from "XYZ_NEW_firm" after 2years & claims for gratuity saying i have completed 5-years.
( 3-years in "XYZ_Industries" + 2-years "XYZ_NEW_firm").
In this scenario is it legal liability of the "XYZ_NEW_firm" to pay gratuity the resigned employee?
Kindly provide solution..
Best Regards,
Max

If the company has subscribed to group gratuity scheme with LIC or any other insurance companies,covering all employees then the nominee would be eligible for the entire tenure of service of deceased (notionally calculable) by applying the formula last drawn salary/26 X15X years of service notionally rendered till retirement.
Twenty lakhs is maximum under the Act. It depends on last drawn salary and is not necessarily as a rule.
In this case qulifying service of 5 years contnious service need not be complied with
P.Senthilkumar