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IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL)
UCO Bank – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. challenging employment circumstances (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. claim for gratuity and authority orders (Para 7 , 8 , 9) |
| 3. appellate authority's findings and arguments (Para 10 , 11 , 12 , 13) |
| 4. continuous service definition (Para 15 , 16 , 17) |
| 5. court's application of the pg act (Para 18 , 19 , 22 , 23) |
| 6. conditions for gratuity eligibility (Para 20 , 21 , 24) |
| 7. confirmation of authorities' decisions (Para 25 , 26) |
| 8. dismissal of writ petition and order (Para 27 , 28 , 29 , 30 , 31) |
JUDGMENT :
SHAMPA DUTT (PAUL), J.
1. The writ application has been preferred challenging an order dated 27.03.2024 passed by the respondent no.2/Appellate Authority in Appeal No.PG.37/2023-E arising out of Case No.PG/31/2021/ALCR ( Sri Dhruba Majumdar Vs. The Chairman, UCO Bank ).
2. It is the case of the petitioner that in or about January, 1982, the respondent 3 was working as a temporary peon, on daily wages basis, with the petitioner and was posted at Durgapur Main Branch and continued to work as a casual peon till 28.02.2017.
3. In view of a settlement between the management of the petitioner and its various employees' Union, namely All India UCO Bank Employees' Federation, Unite
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.
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.
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....
Gratuity entitlement under the Payment of Gratuity Act depends on the interpretation of 'continuous service', applicable to contractual employees.
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....
Once employee services regularized, entire continuous service including prior daily wage period counts for gratuity computation on last wages without distinction between periods; employer cannot deny....
Regularized daily wage employee's entire continuous service, including pre-regularization period, qualifies for gratuity computation under Payment of Gratuity Act on last drawn wages; no distinction ....
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.
Gratuity under the Payment of Gratuity Act, 1972 must include entire continuous service, including stop-gap employment, unless exempted by the appropriate Government.
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