Dear Sir,
I am a professor in Self Financed College. I have rendered total service of 6 years including leave of 625 days without pay sanctioned by the employer.
To the best of my knowledge I believe that I am entitled for gratuity payment as per act. But Employer has rejected my claim on the ground that I have not performed the duty of 240 days in a year.
Please guide me in this matter......
From India, Delhi
I am a professor in Self Financed College. I have rendered total service of 6 years including leave of 625 days without pay sanctioned by the employer.
To the best of my knowledge I believe that I am entitled for gratuity payment as per act. But Employer has rejected my claim on the ground that I have not performed the duty of 240 days in a year.
Please guide me in this matter......
From India, Delhi
Dear member,
It is not clear to me whether u availed the leave of 625 days at a stretch or in different spells spreading over the entire service.In any case, I am afraid that ur employer's failed to understand the term 'continuous service' defined in S 2-A of the Payment of Gratuity Act,1972 because of the words "actually worked" occurring in sub-sections (2) n (3) of Se2-A.These sub-sections r deeming provisions n as such will come into play only in the event of impossibility of calculation as per ss(1) of S 2-A.Yours is a case squarely falling within ss(1).It is immaterial whether the leave was with or without wages;what is important is that it should've been authorised. A Divsn Bench of AndhraPradesh High Court has already held in[I]Kothari Industrial Corporation v. Appellate Authority(1998) 1 LLN121[/I that mere absence from duty without leave cannot be said to result in breach of continuity of service for the purpose of the Act.What is essential is that the period of absence should not be one of cessation of relationship of employer n employee.Therefore u are entitled to gratuity. Send a notice to ur employer in the form prescribed under the State Rules; in case of non-compliance or refusal, file ur claim before the concerned Controlling Authority under the Act.
From India, Salem
6018It is not clear to me whether u availed the leave of 625 days at a stretch or in different spells spreading over the entire service.In any case, I am afraid that ur employer's failed to understand the term 'continuous service' defined in S 2-A of the Payment of Gratuity Act,1972 because of the words "actually worked" occurring in sub-sections (2) n (3) of Se2-A.These sub-sections r deeming provisions n as such will come into play only in the event of impossibility of calculation as per ss(1) of S 2-A.Yours is a case squarely falling within ss(1).It is immaterial whether the leave was with or without wages;what is important is that it should've been authorised. A Divsn Bench of AndhraPradesh High Court has already held in[I]Kothari Industrial Corporation v. Appellate Authority(1998) 1 LLN121[/I that mere absence from duty without leave cannot be said to result in breach of continuity of service for the purpose of the Act.What is essential is that the period of absence should not be one of cessation of relationship of employer n employee.Therefore u are entitled to gratuity. Send a notice to ur employer in the form prescribed under the State Rules; in case of non-compliance or refusal, file ur claim before the concerned Controlling Authority under the Act.
From India, Salem
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