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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JYOTSNA REWAL DUA
Deputy Director, Animal Husbandry/Breeding Hamirpur – Appellant
Versus
Rup Singh Thakur – Respondent
| Table of Content |
|---|
| 1. gratuity covers continuous service including pre-regularization daily wage period. (Para 1 , 2 , 3) |
| 2. prior acceptance of similar daily wage gratuity orders is binding. (Para 4) |
| 3. regularization entitles gratuity for total continuous service under act. (Para 5) |
JUDGMENT :
Jyotsna Rewal Dua, J.
The petitioner/State feels aggrieved against the order dated 17.05.2023 passed by the Controlling Authority (Labour Officer), Bilaspur Zone, Bilaspur, H.P., directing the petitioner (respondent therein) to pay gratuity to the respondent (applicant therein). Petitioner’s grievance is also against the further order passed by the Deputy Labour Commissioner-cum-Appellate Authority, dismissing petitioner’s appeal against the aforesaid order and directing the petitioner to pay the balance amount of Rs.1,85,304/- along with accrued interest in favour of the respondent towards his gratuity.
2. Heard learned Additional Advocate General and considered the case file.
3. It is not in dispute that the respondent was appointed as a daily wage Class-IV employee on 26.03.1996. He joined his duties as such on 27.03.1996. His services were regularized on 11.07.2006. The respondent retired as a C
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 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....
Gratuity under the Payment of Gratuity Act, 1972 must include entire continuous service, including stop-gap employment, unless exempted by the appropriate Government.
Point of Law : Section 2(e) of the Act reads as “employee” means any person (other than an apprentice) who is employed for wages, whether the terms of such employment are expressed or implied, in any....
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