Gratuity 190 days section 2a clarification

In a 5 day week establishment, how you actually worked 190 days from 3rd February to 14th August ?.  I request you to read

Section 2A (2)(a) and 2A (2)(a)(i)  once again. Is it total number of days or days actually worked ?

On what grounds Gragtuity will be denied,even after completing more than 5 years. what are grounds to a particular employees will be refused

Baskar

@ Anuj:

Section: 2A: Continuous service:

(1) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service………….

(2)…………..

(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than -

(i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and

Your reading of the clause is right.

All holidays/off days/paid leave/leave with wages under Shops and Establishments Act, Factory Act, Maternity leave, legal strike days, lay off days   etc are considered days worked and are counted in period of service……………

Majority of the establishments work for 6 days/week hence the reference quoted is majority found for 240 days under various Acts e.g; ID Act, Payment of Gratuity Act, Mines Act………….

And the 240 days/190 days should include the paid leaves and holidays…………

@ Ravi,

Section: 4
Payment of gratuity.

(6) Notwithstanding anything contained in sub-section (1), -

(a) the gratuity of an employee, whose services have been terminated for any act, wilful omission or negligence causing any damage or loss to, or destruction of, property belonging to the employer, shall be forfeited to the extent of the damage or loss so caused.

(b) the gratuity payable to an employee may be wholly or partially forfeited]­ -

(i) if the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part, or

(ii) if the services of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment.

Dear KCS sir,

As said by Kumar Sir

All holidays/off days/paid leave/leave with wages under Shops and Establishments Act, Factory Act, Maternity leave, legal strike days, lay off days   etc are considered days worked and are counted in period of service.

Please look from the above angle and advice.

Thanks