Hi All Can somebody provide me the latest SC Judgement regarding the calculation of Gratuity i.e (4 years & 10 months) Thanks in advance
From India, Delhi
10From India, Delhi
Dear Govil,
Me also have heard that:
As per the latest judgement of honourable Supreme Court-
An employee is eligible for gratuity if he has completed 4 years of continuous service and 240 days continuous working in 5th year.
This I have posted this in my thread, but not able to get the same till date.
SC Ruling on Gratuity Act
From India, Delhi
Me also have heard that:
As per the latest judgement of honourable Supreme Court-
An employee is eligible for gratuity if he has completed 4 years of continuous service and 240 days continuous working in 5th year.
This I have posted this in my thread, but not able to get the same till date.
SC Ruling on Gratuity Act
From India, Delhi
Hi Rajeev
You are right. The case "Mettur Bearsell Ltd Vs Regional Labour Commissioner (Central) referred by Mr.Yedhulla Prakash was also reported in 1998 LLR 1072. So far I have not come across any Apex Court judgment on this.
Thanks & Regards
Kalyan R
From India, Madras
You are right. The case "Mettur Bearsell Ltd Vs Regional Labour Commissioner (Central) referred by Mr.Yedhulla Prakash was also reported in 1998 LLR 1072. So far I have not come across any Apex Court judgment on this.
Thanks & Regards
Kalyan R
From India, Madras
Dear Member,
Welcome to CiteHR.
Next, approach the Payment of Gratuity Act enforcement agency. If you are entitled to receive gratuity under the PG Act of 1972, first determine the appropriate government body and then file a complaint with your local labor office.
R.N.KHOLA
From India, Delhi
Welcome to CiteHR.
Next, approach the Payment of Gratuity Act enforcement agency. If you are entitled to receive gratuity under the PG Act of 1972, first determine the appropriate government body and then file a complaint with your local labor office.
R.N.KHOLA
From India, Delhi
I enclose herewith the judgment of Madras High Court in favor of paying gratuity to employees who have completed 4 years of continuous service and 240 days in the fifth year for your perusal.
Sudipta
From India, Calcutta
Sudipta
From India, Calcutta
Madras High Court ruling in Mettur Beardsell's case is okay. But where is the Apex Court verdict? In the link provided by Rajeev Verma, the same case is referred to, and the Supreme Court ruling given by Vikramlamhe pertains to section 25F of the Industrial Disputes Act. Please correct me if I am wrong.
Section 25F is different from Payment of Gratuity. Retrenchment compensation is available to all employees who have completed at least one year of service, and that one year means 240 days of working.
Regards,
Madhu.T.K
From India, Kannur
Section 25F is different from Payment of Gratuity. Retrenchment compensation is available to all employees who have completed at least one year of service, and that one year means 240 days of working.
Regards,
Madhu.T.K
From India, Kannur
Dear,
The judgment of the court applies to the facts of that case unless the provision is erased, i.e., struck down from the law book. Let not HR professionals get confused. The law is completion of 5 years.
Rajan Associates
https://www.citehr.com/285737-legal-...-industry.html
From India, Bangalore
The judgment of the court applies to the facts of that case unless the provision is erased, i.e., struck down from the law book. Let not HR professionals get confused. The law is completion of 5 years.
Rajan Associates
https://www.citehr.com/285737-legal-...-industry.html
From India, Bangalore
Rajan Associates...
While agreeing on completion of 5 yrs, please clarify the definition of 1 completed year. If I refer to Section 2 A) on continuous service which reads as follows:
Section 2-A: 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 that 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 a break in service has been passed in accordance with the standing orders, 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
(2) Where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer-
(a) For the said period of one year, if the employee during the period of twelve calendar
months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than-
(i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and
(ii) two hundred and forty days, in any other case;
What I decipher from the above is that one year would be considered as complete in case an employee has continuous service of 240 days if an organization has a 6-day week or 190 days in case less than 240 days.
Can you shed some light on this, please?
Thanks,
Anjali
While agreeing on completion of 5 yrs, please clarify the definition of 1 completed year. If I refer to Section 2 A) on continuous service which reads as follows:
Section 2-A: 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 that 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 a break in service has been passed in accordance with the standing orders, 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
(2) Where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer-
(a) For the said period of one year, if the employee during the period of twelve calendar
months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than-
(i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and
(ii) two hundred and forty days, in any other case;
What I decipher from the above is that one year would be considered as complete in case an employee has continuous service of 240 days if an organization has a 6-day week or 190 days in case less than 240 days.
Can you shed some light on this, please?
Thanks,
Anjali
It is correct that working for 190 days in a year will constitute one year in the case of establishments operating for five days a week. However, when the two days off are paid days, the significance of this particular provision in Section 2A must be carefully examined. This will definitely apply to those who are daily rated because for them, paid days in a week will only be 5 days, and the two off days will be unpaid.
To determine whether the year will constitute continuous service or not based on 240/190 days, all paid days, holidays, leave with pay, layoff days, legal strike days (for which payment is made to employees), maternity leave days (for female employees), etc., are considered as days worked. This means that if Saturdays and Sundays (if these are the two days off) are paid holidays, then it appears meaningless to state that 190 days should constitute continuous service because in such cases, an employee is receiving a direct bonus of 52 days which others working six days a week would not receive. In the former case, the 190 days include 104 days off (at a rate of two days per week), approximately 13 national and festival holidays, around 36 days of leave with pay, and only 37 days of actual work! In the latter case, it should be 139 days of physical work, 52 days off, 13 holidays, and 36 leave days.
Therefore, it should be interpreted without reference to the number of days worked in a week but with reference to the number of paid days in a week.
Regards,
Madhu.T.K
From India, Kannur
To determine whether the year will constitute continuous service or not based on 240/190 days, all paid days, holidays, leave with pay, layoff days, legal strike days (for which payment is made to employees), maternity leave days (for female employees), etc., are considered as days worked. This means that if Saturdays and Sundays (if these are the two days off) are paid holidays, then it appears meaningless to state that 190 days should constitute continuous service because in such cases, an employee is receiving a direct bonus of 52 days which others working six days a week would not receive. In the former case, the 190 days include 104 days off (at a rate of two days per week), approximately 13 national and festival holidays, around 36 days of leave with pay, and only 37 days of actual work! In the latter case, it should be 139 days of physical work, 52 days off, 13 holidays, and 36 leave days.
Therefore, it should be interpreted without reference to the number of days worked in a week but with reference to the number of paid days in a week.
Regards,
Madhu.T.K
From India, Kannur
Hi Madhu,
I joined Tata Communications Ltd. on 2nd Jan 2007, and my last working day was 05 Aug 2011. I have worked continuously for 4 years and 215 days. During my employment, we worked 5 days a week and had weekends off for 2 days.
Now, am I eligible for the gratuity amount that is included as part of my CTC? I have raised this question multiple times with the Finance team, but they have informed me that according to Tata Trust rules, I must complete a full 5 years to receive my gratuity amount.
If there is a Supreme Court judgment on this matter, wouldn't that be applicable to Tata Trust as well?
From India, Bangalore
I joined Tata Communications Ltd. on 2nd Jan 2007, and my last working day was 05 Aug 2011. I have worked continuously for 4 years and 215 days. During my employment, we worked 5 days a week and had weekends off for 2 days.
Now, am I eligible for the gratuity amount that is included as part of my CTC? I have raised this question multiple times with the Finance team, but they have informed me that according to Tata Trust rules, I must complete a full 5 years to receive my gratuity amount.
If there is a Supreme Court judgment on this matter, wouldn't that be applicable to Tata Trust as well?
From India, Bangalore
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