Provision for gratuity

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

26 May 2015 In our company an employee got transferred from our overseas company to an Indian company, both under same management/group. Employee is eligible for gratuity as he was working with same management company overseas.
He served 4 1/2 years overseas and is about to complete 5th year.He was not paid in his full and final settlement any amount on account of gratuity while transferred from overseas company. Though he was entitled for it as per local law.
Now the query is, on which salary the provision is to be mad i.e. last salary drawn overseas or the salary currently being paid in India.
As per employee, he will be at loss if his overseas salary is not considered for gratuity calculation.
Pl. advice.
Thanks