Gratuity and bonus

Susmita (Querist) 08 April 2018 This query is : Resolved
hello experts.
respected expert, i am stuck in a matter and i need your valuable advise to proceed further. my client was an employee of known company in Delhi. he worked from 2001 to 2011 and thereafter in 2011 transferred to foreign branch of that company under the term of continuous service. He was illegally terminated in 2015, for which he claimed Gratuity in foreign court for the period of 2011-2015 and got the gratuity/illegal termination payment etc. for that period.
we filed a case for gratuity here for the period of 2001 to 2011 period on the last drawn salary i.e. 4Lakh. But company saying they are ready to pay gratuity on the basis of indian last drawn salary as all liability transferred to foreign branch so they are not entitled for last drawn. Whether The company is liable for last drawn salary as per India or Foreign company?

Another query is regarding Bonus.
They were mentioned to pay Bonus in Indian appointment letter but not in foreign branch? Do i claim for Bonus under Indian Branch Company?If yes, where to claim for Bonus?

P.F also not paid by The employer too.

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P. Venu (Expert) 09 April 2018
Your client has already claimed got the gratuity for the period he had served abroad. He is estopped form taking a different stand now. Law does not permit anyone to blow hot and cold.

Susmita (Querist) 09 April 2018
Sir I think you did not read my question properly.... or get confused.

Susmita (Querist) 13 April 2018
Is there no one to answer my query...

Guest (Expert) 13 April 2018
Terms of initial appointment and foreign assignment are sacrosanct. So, dDetailed examination of the initial appointment letter along with the terms & conditions as per offer letter as well as the appointment/ offer letter for foreign assignment are required to be made before arriving at some definite opinion. Otherwise, any hit & trial method may neither help you nor your client.

Susmita (Querist) 13 April 2018
Appointment letter clears that they can transfer anywhere as per their requirement.

In the transfer letter it is mentioned as transfer on continuous service transfering all liability to the branch.

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