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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice J.SATHYA NARAYANA PRASAD
V. Janagambal – Appellant
Versus
Deputy Registrar (Co-Op) Society – Respondent
| Table of Content |
|---|
| 1. petitioner's employment and service details. (Para 1 , 2) |
| 2. arguments on payment of gratuity under the act. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. respondents' legal arguments on maintainability. (Para 10 , 11 , 12 , 13) |
| 4. court's analysis of employee definition. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 5. entitlement of petitioner to gratuity. (Para 23) |
| 6. court's ruling and directive. (Para 24 , 25) |
ORDER :
1. This writ petition is filed to quash the impugned order passed by the first respondent in Na.Ka.No.2538/2018/PAS dated 05.08.2019 and directing the respondents to pay the terminal benefits including the gratuity for the period of service rendered by the petitioner as saleswoman in the third respondent cooperative society from 08.01.1985 to 10.09.1989.
2. The case of the petitioner is that she was appointed as a saleswoman in the 3rd respondent society through employment exchange in the year 1985. The appointment of the petitioner is the regular one and not through any back door. The petitioner was working as sales woman from 08.01.1985 to 10.08.1989 in the 3rd respondent co-operative credit society. On 12.08.1989, the petitioner was transferred from the 3rd r
Consolidated pay does not exempt employees from gratuity rights under the Payment of Gratuity Act, 1972; entitlement extends to all employees as defined.
The expression 'employer' in Sec. 2(f) of the Payment of Gratuity Act read with Sec. 13 (2) of the General Clauses Act, 1897, would include 'employers'.
Retirement benefits, including gratuity and leave encashment, are statutory rights under the Payment of Gratuity Act, 1972, mandating timely payment regardless of the employer's financial situation.
Gratuity entitlement under the Payment of Gratuity Act depends on the interpretation of 'continuous service', applicable to contractual employees.
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