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Recalculation of Gratutity from 22.7.1985 to 20.6.2026


12-Sep-2026 (In Labour & Service Law)
Joined Pvt Co in July'85 Retirement on 20.6.23. on 4.4.23 Employer issue fresh appointment of Retainer on fixed remuneration wef 21.6.23(zero break). Released Gratutity upto 20.6.23in July'23. From 21.6.23 Labeled as Retainer, doing same job on same desk, attendance biometeric, bus facility, corporate email id, medical policy, PL/CL, inceament with regular employee. Exit from Co. 20.6.26. On demand they released 21.6.23 to 20.6.26 Gratutity on last remuneration. Can I claim recal, on zero break
Answers (1)

Answer #1
905 votes
yes, you can absolutely claim a recalculation of your entire gratuity based on the continuous service with zero break. Because you had a zero break in service, performed the exact same job, and received regular company benefits, your service from July 1985 to June 2026 qualifies legally as continuous service. The company cannot artificially split your tenure into two separate segments to avoid paying gratuity on your final, highest remuneration. if you need further assistance please do let me know...
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