Here with the brief facts mentioned in the query,Individual is entitled for Gratuity even for the period of No pay no work period.
When employe was reporting for work and did no work, show cause notice should have been given and disciplinary action taken.
It is my opinion that he is entitled for gratuity for the period of no work as said by company.
31st July 2018 From India, Pune
The company should have gone on record to convey to the worker, after the court order of upholding his absence on no work no pay basis , that his service for that period is treated as break in service and will not be counted as continuous service for the purpose of gratuity.
It would have strengthened the stand of treating that period as break in service and making it disqualification for receiving gratuity for that period.
In the absence of such record, it is disputable, to treat that period as disqualification to receive gratuity.
1st August 2018 From India, Mumbai
1st August 2018 From India, Madras
As per the information provided by you the workman is not entitled for gratuity under the condition of service break; [but is eligible as you your establishment did not terminate on ground of long absent and allowed to retire attaining the age.]
As a whole he is not eligible on ground of break in service for three years as has not put any attendance. The workman can be denied for gratuity on ground of break in service, Let the person seek shelter under court.
2nd August 2018 From India, Mumbai
I fully agree with the views of Mr. Nathrao. The gratuity to an employee is made based on the ‘continuous service’ rendered by him. This continuity of service is calculated keeping in view the provision of Section 2A of the Payment of Gratuity Act, 1972. According to this section, an employee renders uninterrupted service even if his service is interrupted by sickness, accident, absence from duty with or without leave, lay-off, strike, or lock-out or cessation of work not due to the fault of the employee.
However, an order has been passed by the management in accordance with the Standing Orders, rules or regulations governing the employee of the establishment, treating his absence as break in service, then the period covered under such order shall not be countable towards his continuous service and thus, such period shall be liable to be deducted from his total service period.
As per the facts stated by you in the opening paragraph of your query, he was liable to disciplinary action for not carrying out the work as per the directions of his superiors. Even an order of ‘No Work No Wages’ was passed against him the court. However, the management failed to issue an order in writing regarding his break in service. Therefore, his service would be countable and his gratuity would be payable to him till 2018 as per the provisions laid down in section 2A of the Payment of Gratuity Act, 1972.
Best wishes and regards.
2nd August 2018 From India, Chandigarh