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MAUNA M. BHATT
Milton Industries Limited – Appellant
Versus
Sajjankumar Natwarlal Rao – Respondent
JUDGMENT :
1. Rule returnable forthwith. Mr.U.T.Mishra, learned Megha Chitalia, learned Asst. Government Pleader waives service of rule on behalf of respondent Nos.2 and 3.
2. This petition is filed challenging the order dated 07.09.2020, of Controlling Authority (respondent No.2) in Gratuity Case No.55 of 2019 and the order dated 29.06.2021 of the Appellate Authority (respondent No.3) in Appeal No.126 of 2020.
3. The facts in brief as stated in the petition are as under:
(ii) The workman raised Industrial Dispute before the Labour Court, Kalol which was registered as Reference (LCK) No.276 of 1999. Upon adjudication, the Labour Court by award dated 26.04.2004 directed the petitioner to reinstate the workman in service with 45% backwages.
(iii) The award dated 26.04.2004, was challenged by the petitioner company by filing Special Civil Applicati
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.
Employees reinstated with continuity in service are entitled to gratuity for the entire duration of employment, including the period post-termination, as per statutory provisions.
Gratuity eligibility requires continuous service, which cannot be claimed during periods of non-work, as evidenced by documentary proof.
Gratuity entitlement under the Payment of Gratuity Act depends on the interpretation of 'continuous service', applicable to contractual employees.
The main legal point established is that entitlement to gratuity under the Payment of Gratuity Act, 1972 is contingent upon fulfilling the statutory requirement of continuous service of 240 days per ....
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....
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