Gratuity eligibility when my 5 years are spread across FTC and permenant period

My tenure details is as below

Company: Thermax Babcock & Wilcox Energy Solutions Ltd
Employee no: T9459 (FTC), 0A13866 (Permanent)
Joining date: 16-Apr-2019
FTC to P: 01-Dec-2022
Last working day: 10-Sep-2024
Total Duration: 5 years, 04 months, 25 Days

If you see the

Duration in FTC is 3 years 7 months 14 days
Duration in Permanent role is 1 year 9 months 9 days.

This transition was company decision and I worked under same management in same role while transition as well. now company is telling that I am not eligible for gratuity as they hired me as a new employee in permanent role. So the calculation for gratuity eligibility is not satisfied.

Can someone guide me on this topic?

Hi,

Strictly speaking you are eligible for Gratuity as you have completed the stipulated period of 5 years.

Your actual DOJ 16-Apr-2019 should be considered for the purpose of Gratuity.

You can make a request for Gratuity and submit Form I.

In case if the employer refuses to pay Gratuity you can appeal before the Assistant Commissioner of Labour of your office jurisdiction.

According to the Payment of Gratuity Act, 1972, an employer must pay an employee's gratuity within 30 days of the date it becomes payable. If the employer doesn't pay the gratuity on time, they must pay interest on the amount from the due date until the payment date.

Hi Sreejith,
Prima facie it appears you have a case. However we need the following details before we go into further suggestions.

Pl.let us know whether there was break between your FTC & permanent employment. If yes how many days ?
You said with the same management. Was there issued two different appointment orders?
When your tenure ended, Is't because of your own resignation or termination or closure of employment contract ?
What is the terms & conditions of contract in both the arrangements so far as the tenure of service is relevant.
Is there a separate dedicated Gratuity fund or insurance for gratuity with LIC or any other agencies operated by your office?
Have you filed your claim Form No."I". In all fairness you should get Form "L" from your office after your filing of Form I, if not they should issue Form "M"(rejecting your claim/application) . After receiving Form M from your office then you must appeal to your designated Labour Officer in Form "N" and follow the legal course.
For guidance go thru' the attached Gratuity Rules and act as soon as possible delay of few months for filing your claim is no worry.

See your contract or appointment order if they have mention anything on gratuity and also see you if you have any break in service during the eligibilty period. As mentioned by senior Mr. Laksminarayanan and Mr. Kumar gratuity is employer responsibility it is to be given within 30 days of resignation, if management still refuses gratuity you can appeal before the controling authority/labour commissioner in your office juridisction.