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Anonymous
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Noted with thanks to all senior Members of the forum, Regards Snitu
From India, Pune
Noted with thanks to all senior Members of the forum,

Actually, my question is shall we consider subsistence allowance days of the concerned worker for gratuity?

Few highlights of the case.
1.DOJ 1.1.2018. confirmation 1.7.2018.
2. Suspension on 11.10.2021.
3. Enquiry report received on 13.09.2022.
4. Enquiry report send to concerned worker 27.9.2022
5. We submitted covet on 27.9.2022
5. He approached to Labour court under the appreciation of not terminating dt 30.9.2022.
6. Hon. Court has given instruction to management to submit WS on 1.10.2022,.fails to submit temporary injection can be passed.
7. On 06.10.2022 Hon. Court has rejected the U-2 Application.
8. We terminated the concerned worker on 07.10.2022.
9. Subsistence allowance paid to him from 11.10.2021 to 06.10.2022

Total Actual work performed service is 3 yrs 9 months & 1 week.
Total Service ( including the suspended period ) 4 yrs 9 months & 6 days.

My humble request to all our CEO expecting Citation regarding the suspended period can be considered for 5th-year service & for calculating 240 days.

Regards
Snitu

From India, Pune
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