Back
IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL)
Jay Chandar Shah – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. petitioner's entitlement to gratuity (Para 1 , 8) |
| 2. controlling authority's findings on attendance (Para 2 , 3 , 5) |
| 3. adverse inference against employer (Para 4 , 12 , 14 , 34) |
| 4. citations supporting petitioner's case (Para 18 , 24) |
| 5. court's directive for fresh calculation of gratuity (Para 35 , 36 , 38) |
JUDGMENT :
Shampa Dutt (Paul), J.
1. The writ application has been preferred by the petitioner workman praying for setting aside of the order dated 17.03.2025 passed by the Appellate Authority under the Payment of Gratuity Act, 1972.
2. Vide the said order under challenge the Appellate Authority affirmed the order of the Controlling Authority dated 22.08.2022 in Gratuity Case No. G-51/18. The Controlling Authority while considering the prayer of the petitioner for his gratuity held as follows:-
“…………In the present case the workman had discharged his initial onus by producing whatever documents available with him and in his custody to establish that he was on employment for 240 days in a year. The employer is in possession of the best evidence which he could not produce. So an adverse inference may be drawn in view of the failure on the part of the employer to produc
A presumption of continuous employment for gratuity entitlement can be drawn when the employer fails to produce critical work records, affirming the workman's claim rights.
The Payment of Gratuity Act mandates that casual workers are entitled to gratuity if they meet continuous service criteria, regardless of prior casual employment terms.
The entire duration of an employee's service is considered for Gratuity entitlements, and non-deposit of awarded Gratuity prevents appellants from successfully appealing against such claims.
There is no specific provision that daily wagers are not entitled to the payment of gratuity. Considering the provisions of the Payment Of Gratuity Act, 1972 particularly Sections 3 to 5 and 14, it c....
The main legal point established in the judgment is the overriding effect of the Payment of Gratuity Act, 1972, over other enactments, and the requirement of continuous service for the payment of gra....
Reinstated employees are entitled to gratuity for the entire period of service, including any intervening employment, recognizing continuity of service as affirmed by judicial precedents.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
