Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M. K. THAKKER
Divisional Controller, Gujarat State Road Transport Corporation – Appellant
Versus
Jayantibhai Ratilal Rana – Respondent
JUDGMENT :
M. K. THAKKER, J.
1 This petition is filed under Articles 226 and 227 of the Constitution of India challenging the order dated 25.03.2019 passed by the learned Controlling Authority under the Payment of Gratuity Act in Gratuity Case No.92 of 2017, as well as the order dated 30.05.2020 passed by the learned Appellate Authority in Appeal No.11 of 2019, whereby the authorities have allowed the claim of the respondent and directed the present petitioner to pay an amount of Rs.1,36,289/- towards gratuity with simple interest at the rate of 10%.
2 It is the case of the present petitioner before this Court that the respondent was appointed as a Badli Kaamdar with the petitioner-Corporation. The respondent had filed Reference (LCV) No.541 of 1987 claiming reinstatement with back wages. During the pendency of the said Reference, a settlement was arrived at between the parties, whereby it was agreed that the respondent would be appointed afresh and placed in the waiting list with effect from 17.09.1995, i.e. the date of settlement. Pursuant thereto, appropriate orders were passed, which were accepted by the respondent without any protest. Thereafter, on 14.03.1996, the respondent was
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.
Gratuity under the Payment of Gratuity Act, 1972 must include entire continuous service, including stop-gap employment, unless exempted by the appropriate Government.
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....
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....
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
