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MAUNA M. BHATT
Milton Industries Limited – Appellant
Versus
Sajjankumar Natwarlal Rao – Respondent
| Table of Content |
|---|
| 1. factual background of employment and legal disputes (Para 2 , 3) |
| 2. arguments from both sides regarding entitlement to gratuity. (Para 4) |
| 3. arguments of the petitioner regarding gratuity entitlement (Para 5) |
| 4. respondent's arguments supporting entitlement of gratuity (Para 6) |
| 5. court's analysis on continuous service and entitlement (Para 7) |
| 6. decision to dismiss petition and direct payment of gratuity (Para 8 , 9) |
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:
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 ....
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