Queries
Hi All Can somebody provide me the latest SC Judgement reagrding calculation of Gratuity i.e (4 years & 10 months) Thanks in advance Regards Govil Nanda

24th June 2008 From India, Delhi

PARTICIPATING IN DISCUSSION:
Madhu.T.K
Industrial Relations And Labour Laws
R.N.Khola
Labour Laws & Ir
Rajanassociates
Legal Counsel
Kalyan R
Deputy General Manager - Personnel
Ashutosh Thakre
Hr Professional
Rajeev Verma
Hr Professional
SUDIPTA CHAUDHURI
Personnel Officer Cesc Ltd.
Govil Nanda
Hr Professional
Anjalisachdeva
Hr Professional
Javedmse
Consultant
+1 Other

Dear Govil,
Me also have heard that:
As per the latest judgement of honourable Supreme Court-
An employee is eligible for gratuity if he has completed 4 years of continuous service and 240 days continuous working in 5th year.

This I have posted this in my thread, but not able to get the same till date.
SC Ruling on Gratuity Act
25th June 2008 From India, Delhi
Hi Rajeev
You are right. The case "Mettur Bearsell Ltd Vs Regional Labour Commissioner (Central) referred by Mr.Yedhulla Prakash was also reported in 1998 LLR 1072. So far I have not come across any Apex Court judgment on this.
Thanks & Regards
Kalyan R
25th June 2008 From India, Madras
Dear Member,
Welcome to CiteHR.
Then approach the Payment of Gratuity Act enforcement agency. If you are to receive gratuity under PG Act, 1972 then first decide which is your appropriate Govt. & then file a complaint before your area labour office.
[SIZE=1][B][COLOR=red][FONT=Verdana]R.N.KHOLA

5th March 2011 From India, Delhi
I Enclose herewith the judgement of Madras High Court in Favour Of paying gratuity to employerrs who have completed 4 YRS OF CONTINUOUS SERVICE AND 240 DAYS IN THE FIFTH YEAR FOR YOUR PERUSAL.
Sudipta
7th March 2011 From India, Calcutta

Attached Files
File Type: pdf Gratuity - Madras HC judg[1]..pdf (1.55 MB, 1778 views)
Madras High Court Ruling in Mettur Beardsell's case is OK. But where is the Apex Court verdict? In the link provided by Rajeev Verma also the same case is referred and the SC ruling given by Vikramlamhe pertains to section 25F of the Industrial Disputes Act. Please correct me if I am wrong.
25F is different from Payment of Gratuity. Retrenchment compensation is available to all employees who have completed at least one year of service and that one year means 240 days of working.
Regards,
Madhu.T.K
7th March 2011 From India, Kannur
Dear
The Judgment of the Court applies to the facts of that case unless the provision is erased i.e struck down from the Law Book.
Let not HR Professionals get confused.The law is completion of 5 years.
rajanassociates
https://www.citehr.com/285737-legal-...-industry.html
10th May 2011 From India, Bangalore
Rajan Associates...

While agreeing on completion of 5 yrs but please clarify the definition of 1 completed year. If I refer to the

Section 2 A) on continuous service which reads as follows :

Section 2-A: Continuous service

For the purposes of this Act,-

(1) An employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order [* * *] treating the absence as break in service has been passed in accordance with the standing orders, rules or regulations governing the employees of the establishment), lay-off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was

(2) Where an employee (not being, an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer-

(a) For the said period of one year, if the employee during the period of twelve calendar

months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than-

(i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week ; and

(ii) two hundred and forty days, in any other case ;

what I decipher from the above is that one year would be considered as complete in case an employee has continuous service of 240 days if an orgn has 6 days week or 190 days in case less than 240 days.

Can you throw some light on this please...

thanks

Anjali
10th May 2011
It is right that a working of 190 days in a year will constitute one year in the case of establishments working for five days in a week. But when the two days of off are paid days, the significance of this particular proviso to section 2A has to be studied well. It will definitely apply to those who are daily rated because for them paid days in a week will be 5 days only and the two days of off will be unpaid.

In order to arrive at the 240/190 days for deciding whether the year will constitute continuous service or not, all paid days, holidays, leave with pay, lay off days, legal strike days 9for which payment is made to employees) maternity leave days (in case of female employees) etc are considered as days worked. That means, if Saturdays and Sundays (if these are two days of off) are paid holidays, then there seems to be no meaning in saying that 190 days should constitute continuous service because in such cases an employee is getting a direct bonus days of 52 days which others who work for six days in a week would not get. In the former case, included in 190 days are 104 days of off (at the rate of two days per week), say 13 national and festival holidays which are mandatory, say around 36 days leave with pay and a working of just 37 days! In the latter case it should be 139 days of physical work, 52 days of weekly off days, 13 holidays and 36 leave days.

Therefore, it should be interpreted without reference to number of days worked in a week but with reference to number of paid days in a week.

Regards,

Madhu.T.K
10th May 2011 From India, Kannur
Hi Madhu,
I have joined Tata Communication Ltd. on 2nd Jan 2007 and last working day was 05 Aug 2011. My total Continuous working days are 4 years and 215 days.. We had 5 working days and 2 days weekend off.
Now, am i eligible for Gratuity amount which is declared as part of my CTC?
I communicated the same several times to Finance team, however they rejected saying as per Tata Trust rule, i have to complete full 5 years to get my gratuity amount.
If there is a supreme court judgement on this subject, wont that applicable to Tata Trust?
2nd September 2015 From India, Bangalore

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