Sorry to differ from the above observation of our learned friend Mr.KK(!)HR.
AS per the narrative of the questioner, this is a case of termination by the employer after reemployment of a resigned employee. The employer has the time to settle the gratuity of the employee upto 30 days from the date of termination by resignation on 15-02-2016. It is not discernible from the post, whether the gratuity was settled within 30 days from the date of termination on 15-02-2016. Even if not so, his subsequent appointment effective from 02-03-2016 cannot relate back to the previous spell of service under a different contract of employment which came to an end on 15-02-2016 by the poster's resignation that was accepted and acted upon by the parties to the contract. In such a situation, the only option available to the employee is to claim interest for the period of default only and certainly it is not tenable to give an extended interpretation of section 2-A of the Act as opined by Mr.KK(!)HR.
The averment that the poster was reemployed with pay protection cannot indicate the inclusion of the previous service in the fresh contract of employment for the purpose of continuity of service unless specifically stated so.
From India, Salem
6018AS per the narrative of the questioner, this is a case of termination by the employer after reemployment of a resigned employee. The employer has the time to settle the gratuity of the employee upto 30 days from the date of termination by resignation on 15-02-2016. It is not discernible from the post, whether the gratuity was settled within 30 days from the date of termination on 15-02-2016. Even if not so, his subsequent appointment effective from 02-03-2016 cannot relate back to the previous spell of service under a different contract of employment which came to an end on 15-02-2016 by the poster's resignation that was accepted and acted upon by the parties to the contract. In such a situation, the only option available to the employee is to claim interest for the period of default only and certainly it is not tenable to give an extended interpretation of section 2-A of the Act as opined by Mr.KK(!)HR.
The averment that the poster was reemployed with pay protection cannot indicate the inclusion of the previous service in the fresh contract of employment for the purpose of continuity of service unless specifically stated so.
From India, Salem
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Gratuity calculation.doc
Gratuity Calculation tool.xls