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Interruption In Service After 5 Years, Denied Gratuity. - CiteHR

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avav28
I worked in a private school as a Lecturer from 5th January 1998 to 30th September 2003 and again from 1st April 2007 to 15th June 2011 (in 2nd tenure also, my seniority was to be calculated from 5 January 1998, as agreed in the reappointment letter).
After while leaving job first time, I requested to pay gratuity and I was told that they will check with the rules of institution and inform. Nothing happened. While leaving 2nd time also, I requested for the same, after sending a reminder, they asked me to fill Form \"I\" and in response to that they sent a letter rejecting the claim on the ground of \"Due to lack of continuity in service\".
I feel that they should combine the two terms together as they promised to count my seniority from my earlier joining date. Hence they should pay gratuity for a total of 9 years 11 months.
If not so, at least for my first term (5 years and 9 months) I must get it.
Please help me to find what is the legal and logical position ?
Thank you.

From India, Indore
korgaonkar k a
2555

Dear Avav28,
You are advised to:
1. Apply to Controlling Authority (CA) in Form N in 90 days of rejection of your application Form I.
2. If CA doesnot issue order of direction to your employer, please prefer an appeal to Appellate Athority with in 60 days.
You need to produce the documentary evidence of agreement of your seniority and continuity of your previous service. You need to represent your case in proper manner and fight for it.
Wish you All the Best.

From India, Mumbai
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