Is Gratuity Applicable In Case Of Retirement And 4 Years Of Service - CiteHR
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Hi Srikanth,
How do you calculated 190 days in a year even 5 working days in a week? Check it would come 260 days in year. Moreover, the query is also not fair; because as per company / organization policy week end saturday and sunday are weekly-off with payment. It could be considered part and parcel of working day (this can be considered in case of salary based employees). In case of wage based blue collar employee he must have exactly 240 paid working days. So, Continuous of service means without any absent, loss of pay or any kind of unpaid services are considered continuous in service.

Calculation of Layoff latest rules can be post any one please?
Dear BSR Rao,
Section 25-C of the Industrial Disputes Act, 1947 provides that a workmen (other than a badli or casual workman) shall be paid lay off Compensation by the employer for all days during which he is so laid off, except for such weekly holidays as may intervene, compensation which shall be equal to 50% of the total of the basic wages and dearness allowance that would have been payable to him had he not been so laid off.
BS Kalsi,
Member Since August, 2011

Prathap Kodaganti Have your read definition of 'continuous service' under the act? Please read and then put forth your point, if any.
Prathap Kodaganti,
I agree with Sh Shrikant that instead of quoting the ID Act for calculation of 240 days, you should have read the definition of "Continuous service" given under Section 2A of the Payment of Gratuity Act, 1972 itself.
I have confined my reply to the query initially raised by Sh Sumit but you have given another twist to the ongoing thread mentioning that what would happen if an employee completes 4 yrs and 10 months service. In such cases we mostly refer to the judgement of Madras High Court which has allowed the relief to such employees.
BS Kalsi,
Member since August, 2011

Prathap Kodaganti, A copy of the Madras High Court is attached herewith for your ready reference. BS Kalsi, Member since August, 2011

Attached Files
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File Type: pdf Madras High Court Juggement on Gratuity.pdf (1.46 MB, 83 views)

Dear Friend,
Any case citation is case specific and can not over ride the law in force. The law will continue as long as law it is not get ammended. The contineous service of 240 days and tenure of one year service are two different aspect. And to be understood in line of law framed keeping those two things in eye.


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