Gratuity - movement between two group companies

sanjay (Querist) 31 July 2014 This query is : Resolved
Dear Experts, See if this is better.

If one moves between two legal entities of the same group company - the company is GE and one entity is GE Capital International Services Pvt. Ltd. and the second entity is GE India Pvt. Ltd. They have separate India heads and one is a subsidary of GE Capital US and the second a subsidary of GE Asia , however both are a part of GE.

If person works for 8 years with GE Capital International Services Pvt. Ltd. and then is transferred to GE India Trade India Pvt Ltd. and through that process resigns from one company and goes to the other. However in the transfer letter and agreement paperwork, GE agrees that gratuity will continue and payments will be made keeping in mind 8 years from before plus whatever time he spends at GE India. Is this legal and can such an agreement be drafted?

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Devajyoti Barman (Expert) 31 July 2014
Hypothetical query..
Give actual facts.

Guest (Expert) 31 July 2014
Discuss your real and personal problems, not hypothetical case.

Rajendra K Goyal (Expert) 31 July 2014
Hypothetical query.

Dr J C Vashista (Expert) 01 August 2014
Vague and imaginary query

T. Kalaiselvan, Advocate (Expert) 02 August 2014
I may have to go with the experts views on the subject especially when the author has not come out with the facts and details of the issue.

Kumar Doab (Expert) 02 August 2014
For transfer resignation is not reqd.
Apparently transfer between two legal entities is not possible as per arrangement of these companies.
To satisfy the employees querist seems to have conceived arrangement.
While the employee shall get ground to approach court how the legal entity will convince trust that manages Gratuity fund?
Say LIC
The legal entity should be ready to pay tax free Ex Gracia if permissible.
Agreed that querist should reveal facts.
Lawyers/Law firms can help however it shall most likely be paid consultation.