If the agency employs a minimum of 10 employees or were employed in the last 12 months, and if the employee has successfully completed 5 years of continuous service, then the employee is eligible for gratuity benefit.
8th April 2019 From India, Delhi
12th April 2019 From India, Vadodara
In case of Cominco Binani Zinc Ltd, Karnataka High Court 1989 I CLR 151 has ruled , the wages due to the workmen does not include Bonus OR Gratuity . While defining the term wages, the I .D. Act and Payment of Wages Act specifically exclude Bonus and Gratuity from it purview. The petitioner is therefore liable to pay ARREARS OF WAGES AND NOTHING MORE.
Further, when the management entrust the responsibility on the contractor the workmen employed and paid by such contractor cannot be treated as workmen of the management . There is NO Employer - Employee relation between them.
18th April 2019 From India, Mumbai