Applicability of gratuity agreement - transfer group co.

Person "A" was recruited by the Company "X" which has an specific agreement for the payment of Gratuity. Subseuently he was transferred to another Group Company "Y" which did not have any specific Gratuity agreement. During transfer, his continuity of service was maintained w.r.t. reckoning period for Gratuity entitlement. He completed 15 years of services in the company and the same is not disputed by the company. 

1. Whether the employee is entitled for the Gratuity as per the specific gratuity agreement of company "X" or he is entitled for normal gratuity as per Gartuity Act 1972.    

2. What are the legal provisions.


As per Gratuity Act or as per company rules if it is advantageous.




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