Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JYOTSNA REWAL DUA
Deputy Director, Animal Husbandry/Breeding Hamirpur – Appellant
Versus
Ishwar Dass – Respondent
| Table of Content |
|---|
| 1. employee's total continuous service qualifies for gratuity computation (Para 1 , 2 , 3 , 4) |
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.2,77,614/- 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 27.01.1997. He joined his duties as such on 27.01.1997. His services were regularized on 16.08.2007. The respondent retired as a Class-IV employee on 30.04.2020 after attaining the age of superannuation. Since he was not paid gratuity, he approached the Controlling Authority under the Payme
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 ....
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....
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.
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
