Industrial Relations And Labour Laws
Legal Analyst, Hrm
P K Misra
Chair Professor And Head, Mhrm In Indian
+1 Other

Sir, I had served in an Educational Institution for 12 years on 03 years term basis and there is a gap of 7 days in between each term. However, legally it can be proved that I had performed my duties on the gap days also as I was the incharge of Admissions and all the admissions done on these 07 days gap contains my signatures alongwith date which further has been countersigned by the Principal.
Please clarify whether I am eligible for the payment of the gratuity or not?
With warm regards
Praveen K Sharma
The gaps can make you ineligible for gratuity.
Gaps between each renewal have been shown on paper for this purpose only.
When you quit you can try and claim gratuity and if not agreed use the evidence that there was n break in service at all in reality.
Which means here you have to collect and preserve evidence of your continuous work
A break in service of seven days would not count under labour laws like Industrial Disputes Act or Payment of Gratuity Act provided the number of days work performed during a period of 12 months is not less than 240 days. Therefore, to me, you are entitled to 12 years gratuity. Contractual employment which is renewed after every 3 years with a break of 7 years will not make the employee ineligible for gratuity as was decided in the case attached.

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Dear Mr. Sharma
You are eligible gor gratuity. The gap of seven days in each term has no effect on your entitlement. You complete one years continuous service if you work for 240 days in that year. If your employer refuse than you can approach the competent authority.
Prof. P K Misra
The judgement quoted by learned member Madhu is clear. The querist is entitled for gratuity.
Dear Praveen,
Judgment copy provided by Madhu TK fully supports your case. You may take up the case in an appropriate manner with the competent authority of your State, if the employer refuses to pay your due gratuity..
When seven is stated to be break in service, my be u hv unofficially worked, it will not compute for the purpose of Gratuity. Without actual working on record and without wage payment shall not lest will construe to be continuity in service notwithstanding Gratuity.
Dear Kattavrk,
I differ with your opinion, You may please like to see for proper interpretation of the definition of continuous service, as provided in Sec. 2A of the Act. The defintion clearly speaks, "continuous service for a period if he has, for that period, been in uninterrupted service, INCLUDING service which may be INTERRUPTED on account of .................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 order, rules or regulations governing the employees of the establishment), ...................or CESSATION OF WORK NOT DUE TO ANY FAULT OF THE EMPLOYEE.
So, in this case, irrespective of whether he can prove or not to have worked unofficially without formal order, the break was not due to any fault of the employee.
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