Dear All Seniors,
Thanks for your kind inputs & remarks
Let me please clear I am not of opinion of evading any Gratuity Liability but to understand with in depth knowledge of community members if we peruse the below definition of " Continuous Service " any interruption not due to fault of employee should be covered under definition of continuous service. So I am interpreting that Gratuity should be paid for the period at the time of retrenching employee.
Looking forward for your more kind inputs.
2A. 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 order, 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 rendered before or after the commencement of this Act.
Thanks for your kind inputs & remarks
Let me please clear I am not of opinion of evading any Gratuity Liability but to understand with in depth knowledge of community members if we peruse the below definition of " Continuous Service " any interruption not due to fault of employee should be covered under definition of continuous service. So I am interpreting that Gratuity should be paid for the period at the time of retrenching employee.
Looking forward for your more kind inputs.
2A. 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 order, 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 rendered before or after the commencement of this Act.