Anonymous
25 April 2011 at 22:54
Section 4 (1) of the Payment of Gratuity Act provides that Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years-
(a)-----
(b)----
(c)----
(2) For every completed year of service or part thereof in excess of six month, the employer shall pay gratuity to an employee at the rate of fifteen days’ wages based on the rate of wages last drawn by the employee concerned:
Section 4(1) uses the phrase continuous service, whereas continuous service has been defined under section 2(c) of the Act, which provides that “continuous service’ means continuous service as defined in Section 2-A
Section 2-A i.e. the definition of continuous service has been inserted in the statute book by way of amending act 26 of 1984 (with effect from 11.2.1981)
The background for the aforesaid amendment was that on 11.2.1981, the Hon’ble Supreme Court interpreted the provisions of section 2(c) and 4(1) and particularly the emphasis was given on the phrase or words “ actually employed” used in explanation I to Section 2 (c) Please see the judgment i.e. Lalappa Lingappa Vs. Laxmi Vishnu Textile Mills; AIR 1981 SC 852
Since the enforcement of aforesaid ruling has resulted in denial of gratuity to a number of employees, whose short terms absence had remained unregularised due to lack of appreciation of its significance for the purpose of working out their entitlement to gratuity For detail please see the statement of Objects and Reasons of Act 25 of 1984.
The amended provision considered by Hon’ble Supreme Court in the case of Jeewallal Limited Vs. Appellate Authority; (1984) 4 SCC 356 and Management of Goodyear India Limited Vs. K.G. Devessar; (1985) 4 SCC 45
Subsequently, a division bench of Hon’ble Karnatake High Court has also considered the provisions of the Section 2-A and 4 in the case of H. Ramappa Vs. General Manager, Sri Yellammma Cotton Woolen and Silk Mills; 2008(117) FLR 863
In view of the aforesaid legal proposition, I am of the view that an employee is eligible only when he serves minimum of 5 years period. While counting the number of years, the last year's service, if more than 6 months to be taken as one year for calculation and in all other years’ employee should work minimum of 240 days.
It is also pertinent to mention here that 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 10 months 11days is considered to have completed 5 years continuous service under sec.4(2) and thereby is eligible for gratuity.
santosh
25 April 2011 at 19:30
A PSU company made an agreement with its labour union to pay its workers overtime rate at 45/- per hour. the agreement dates back to around 7 years back. No new agreement has come into existence since then. The overtime rate otherwise calculated as per factory act comes to around 400/- per hour. There is a contract ending clause where the contract can be broken but other employees who do not do overtime otherwise eligible for an incentive of around 10000/- per month will be affected.
Can the PSU taken to court for violating factory act. If say whether by individual employee or the labour union
varun kumar
25 April 2011 at 14:49
A store keeper while in service shows the material short from the store amounting to Rs.13 lacs approx and Dept. lodged a complaint against him. During the course of trial the accussed died and the court dismissed the proceddings of the trial and aquitted him from all the charges levelled against him. It may kindly be advised whether the sum which is still outstanding can be recovered from the death benefit of the deceased or not. if not procedure to be adopted further may be apprised please
santosh
25 April 2011 at 13:28
If any employee resigned and he/she completed the continious service of 4 years and 10 months. Whether the employee is liable for Gratuity or not?
Regards,
Santosh
Anonymous
25 April 2011 at 12:23
Dear Sir
I joined my service on 28/4/2006 on five year contract.
My service contract says that
First Year : You will be paid a fixed amount of 16000 for first year.
Second year onwards: You will be given the pay scale of 10750-16750 in E-1 grade and will be entitaled for all the facilities equivelant to E-1 Grade like LTA, HRA, DA, Gratuity etc.
Now I have resigned on 10/3/2011. My pay scale on resignation was 20600-46500 (revised as per Pay commission recomandations)and basic sallary was 22520.
I applied for Gratuity but my employer says that I am not eligible for payment of gratuity as my service contract says that I will be eligible for Gratuity from second year onwards.
They are not counting the first year of my service for the perpous of gratuity so it makes my total continuous service equal to 4 years and hence I am not eligible for the same.
The contract was of 5 years only.
Please advise what to do and if I am eligible for gratuity where should I apply.
Anonymous
25 April 2011 at 12:17
An employee is missing from his services without giving any reasons. The employee is communicated by the employer via modes of communications to report for the duty and if not able to join back state his reason of absence; failure to do the same his services will be terminated from the company. Can an employer, publish about the employee as an absconding employee from my organization in the public/private domains? Will there be any legal challenges? if yes, what could it be?
Anonymous
24 April 2011 at 19:56
my father hs served westbengal govt with his health services as a genuine upright medical officer. some ppl conspired against him due to his popularity and sent wrong reports abt him to higher authorities. he ws transfered to anther place. whr he didnt want to go as he hd health problems.he cdnt afford 2 travel daily to provide service. he ws undr mental tension too. under diz cnditions if he hd wrld then he cd hv even provided wrong treatmnt to patients. so after working for 4 mntsh he left and applied for VR. bt his VR ws rejctd though 2 other officers got there VR. enquiry commision ws set up. 2-3yrs passed. my father ws called at office nd ws explaind dt if he signd a document accpting all his guilts as an "irresponsible" officer he ws b provided wd all men xpct for the amnt of 2-3yrs for which he dh bn practicising and nt working( he hd applied for Vr bt rjctd.he cdnt afford to work.)
dt document ws nt a legal one. nd he ws mentally tortured nd forcd to sign. he ws nt mentally sound. he jst wantd a relief. they assured a relief so he signd it. nw they r taking tha piece of paper as a proof and denying pension.
will my father get a justice? he is 60 now. and cant afford to practice for long. the case is going on at SAT. father is losing hope. he hsnt made money like other docs as he hd always servd more than he earned.
Anonymous
24 April 2011 at 12:00
Respected All Law Experts,
What should I do what can I do if the disciplinary action is taken against me primarily based on an observation of the Hon'ble High Court in the Judgement which had quashed the memo of charges and the suspension that lasted more than three years on the grounds of mala fides; which read:-
"Nonetheless, it cannot be overlooked that the petitioner did commit certain misconducts which could attract disciplinary action. It would not be proper to let the petitioner go scot free because the action taken has to be quashed for reasons of mala fides as detailed above..."
And due to disciplinary action against me emanated and influenced from this observation. I stand compulsorily retired as a major penalty on the basis of the judgement for which I had filed the Review application which was pending adjudication for its review / clarification.
The Judgement in Review Petition finally gives clarification, using inherent power of the Court to say that
"there are good reasons to exercise that inherent power in this Court by giving some clarification in respect of the judgment"
"that this Court never intended to give any final view"
"The observations made by the learned predecessor Judge ..., however, can be understood by anyone to be the final findings of the Court"
"I am therefore of the view that this is a case where this Court should use its inherent power to do justice between the parties by giving the aforesaid clarification now"
"that none of the observations made in the judgment dated 20th December, 2006 was a final expression of opinion of the Court on the merits of any of the allegations levelled against the writ petitioner in the charge-sheet given to him"
By the time this Judgement of clarification is delivered I am just one day short of my normal age of superannuation and am more than five months in to the Compulsory retirement and my Petition against the penalty Order of Compulsory retirement is still pending.
Any case Laws please?
Regards,
Anonymous
Anonymous
23 April 2011 at 22:13
Hi. I wanted to know about an employee who has left his job without being relived from his duties (i.e. without resigning or serving his notice period and without informing his senior for reasons not known to the employer) then what happen?
can i re-join my duties?
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
WILL MY ORGANISATION PARDON ME FOR A SMALL LIE
sir,
i undergone renal transplant 18 yrs ago, and worked hard to fulfill my dream of getting of govt., job. i completed graduation through open system and pg through regular system(got good rank in state common entrance test).after finishing pg i have tried many pvt. jobs in vain (as i have revealed about my medical history).Then one day i have decided to join Govt. service even without revealing my medical history. I worked hard selected into one of famous Govt.services company without disclosing the medical history.
Even after 8 years of service i fear that one day i may loose this Job.(In my life this is the only once i lied). In our country many people get into Govt. services by giving false/fake caste certificates or false/fake qualification certificates etc.,.
Just i want to know what are the implications on me if at all some how my organisation comes to know about my medical history(i know its a crime to subside vital information with the organisation).But to me there is no option left as this is my life time goal, what i actually believed is that when my dad was in service (in central govt), he got all the medical benefits for me through govt., as the govt has already funded me before why not the govt., organisation pardon me and let me continue in service in future.
ANY SUGGESTIONS