My service with Corporate Company (Limited) was 4 years and 9 months. The company policy included working half-day on the 2nd Saturday, and the 4th Saturday was designated as a day off. I joined on the 15th of February 2013 and my last working day was the 15th of November 2017. I am inquiring about my eligibility for gratuity. If I am eligible, please advise on the available remedies if my company refuses to make the gratuity payment. Your valuable comments on this matter will be highly appreciated.
Regards, Shailendra Mehta
From India, Mumbai
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Regards, Shailendra Mehta
From India, Mumbai
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I draw attention to some articles regarding applicability of HC judgement
https://www.taxmanagementindia.com/v...HER-HIGH-COURT
this is important
It is neither desirable nor permissible to pick out a word or a sentence from a judgment of Supreme Court divorced from the context of the question under consideration and treat it to be complete ‘law’ declared by the Apex Court. Judgment must be read as a whole and the observations have to be considered in the light of the questions which were before the Court, principle emerging there from must be applied accordingly
Precedents on Precedents; Choice between Conflicting Ratios of Equal Strength; An Area of Precedential Chaos | Live Law
""I am of the view that in the absence of contrary judgments by a larger bench of any other High Court or the Supreme Court on a particular contentious issue, we can abide by the decision of any High Court that advances the welfare of labour. Thank you.""
This principle which upholds welfare laws needs to be adhered to after considering all circumstances and facts of the case
From India, Pune
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3251https://www.taxmanagementindia.com/v...HER-HIGH-COURT
this is important
It is neither desirable nor permissible to pick out a word or a sentence from a judgment of Supreme Court divorced from the context of the question under consideration and treat it to be complete ‘law’ declared by the Apex Court. Judgment must be read as a whole and the observations have to be considered in the light of the questions which were before the Court, principle emerging there from must be applied accordingly
Precedents on Precedents; Choice between Conflicting Ratios of Equal Strength; An Area of Precedential Chaos | Live Law
""I am of the view that in the absence of contrary judgments by a larger bench of any other High Court or the Supreme Court on a particular contentious issue, we can abide by the decision of any High Court that advances the welfare of labour. Thank you.""
This principle which upholds welfare laws needs to be adhered to after considering all circumstances and facts of the case
From India, Pune
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Gratuity Eligibility.pdf