I agree with Mr. Balakrishnan, in as far as the 'training period' is concerned. Generally, ESI and PF will be considered during training period also, as the person is placed against a permanent vacancy. But avoid considering this training period for taking into account the continuous service. This is the practice in many organisations.
But, in the Madras High Court judgement referred by many members, no mention is made about considering the training period as service period. It dealt with only number of days required in a year for contineous service. I doubt whether this judgement can be considered in this case.
Dr.Gopan
From India, Kochi
32But, in the Madras High Court judgement referred by many members, no mention is made about considering the training period as service period. It dealt with only number of days required in a year for contineous service. I doubt whether this judgement can be considered in this case.
Dr.Gopan
From India, Kochi
Dear Mr. Ganesh,
Here I am posting the judgement of Supreme court.
Clarity between gratuity eligibility service (5 or 4.8 yrs)?
The gratuity eligibility service as per Gratuity Act 1972 is 5 years.
But as per the judgment from Supreme Court below and the quotation from the book quoted below it seems that the gratuity eligibility service is 4 years 240 days.
"Judgment from Supreme Court:
"Yes, by virtue of the judgment of Supreme Court rendered under the provisions of the Industrial Dispute Act in Surendra Kumar Verma vs. Central Govt. Industrial Tribunal,[(1980) (4) S.C.C.433)], it is enough that an employee has a service of 240 days in the preceding 12 months and it is not necessary that he should have completed one whole year’s service. As the definition of continuous service in Industrial Dispute Act and Payment of Gratuity Act are synonymous, the same principal can be adopted under the act also and hence an employee rendering service of 4 year 10months 11days is considered to have completed 5 years continuous service under sec.4(2) and thereby is eligible for gratuity."
From India, Chennai
Here I am posting the judgement of Supreme court.
Clarity between gratuity eligibility service (5 or 4.8 yrs)?
The gratuity eligibility service as per Gratuity Act 1972 is 5 years.
But as per the judgment from Supreme Court below and the quotation from the book quoted below it seems that the gratuity eligibility service is 4 years 240 days.
"Judgment from Supreme Court:
"Yes, by virtue of the judgment of Supreme Court rendered under the provisions of the Industrial Dispute Act in Surendra Kumar Verma vs. Central Govt. Industrial Tribunal,[(1980) (4) S.C.C.433)], it is enough that an employee has a service of 240 days in the preceding 12 months and it is not necessary that he should have completed one whole year’s service. As the definition of continuous service in Industrial Dispute Act and Payment of Gratuity Act are synonymous, the same principal can be adopted under the act also and hence an employee rendering service of 4 year 10months 11days is considered to have completed 5 years continuous service under sec.4(2) and thereby is eligible for gratuity."
From India, Chennai
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Madras HC judg regarding gratuity is applicable if workmen is working 4 years 240 days..pdf