Gratuity eligibility


I had joined korus Engg, Netaji Subhash Park, New Delhi on 19-Dec-2007. I had given resignation on 20-May-2011 and same has been accepted by Directors but the same time they also offered me that I can continue my job anytime.  Keep this things in mind I didn’t settle full& final with company. After 4 month on 12-Sep-2011, I  rejoined the same company on same profile. At that time I hadn’t received any joining letter and provide same employee Id. Due to long leave, management forced me to put my papers and then I had given my resignation on 12-Jan-2013. Now I have completed 5 yrs in company. At the time of full & final Salary settlement I request for Gratuity but company denied for Gratuity due to 4 months break in job continuation. 

Can I file a case in Labour court against company for gratuity ? Please advise.


You are eligible for gratuity.File a case with the controlling Authority.

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Mr. Gabriel has given valuable advice, for your matter as following:

"The company has given the same pay where employee left.In such a situation the break in to be taken as Extraodinary leave for the purpose of computing the total service of the employee"

Kindly follow it.

Many thanks to Mr. Gabriel  for resolving the query and providing relief for employee.



Same question like Meenakshi Verma , i have been working in comany 2 years  then quit my job, after 5 months joined back same company now  all together 6 years of exp now.

when i was rejoining i got new offer letter but same emplyee ID  , PF is different.

am i eligible for Gratuity?


You may toe the same line.


However there is a clear break in service.


Still employer can give Gratuity by its sweet will.

Negotiate and obtain written concurrence.





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