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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. DHANABAL, J
Managing Director, Dharmapuri District Co-operative Sugar Mills Ltd. – Appellant
Versus
Appellate Authority / Additional Commissioner of Labour – Respondent
| Table of Content |
|---|
| 1. discussion on employee entitlement to gratuity. (Para 1) |
| 2. eligibility for gratuity based on service period. (Para 2 , 3) |
ORDER :
P. Dhanabal, J.
When the case was taken up for hearing today, the learned counsel appearing for the petitioner has fairly conceded that already this Court dismissed a batch of Writ petitions through an order dated 12.09.2023 in W.P. Nos.18381 of 2022 and batch and this petition is also covered by the said judgment.
2. This Court in the order passed in W.P. Nos.18381 of 2022 and batch, in paragraph nos.7 to 9, held as follows:-
"7. Admittedly, the contesting third respondent in all the writ petitions were employed with the petitioner/Mill and they got retired subsequently, after rendering more than 40 years of service. Thereafter, the workmen claimed gratuity in terms of the calculation made under Section 4 of the Act. In their claim applications, they claimed that they put in more than 40 years of service and as per their last drawn wages, they claimed the total amount of gratuity. The Controlling Authority allowed the applications filed by the workmen, against which, the petitioner/Mill preferred appeals and the appeals were rejected for n
Gratuity entitlements under the Payment of Gratuity Act apply equally to all employees regardless of employment classification, ensuring rights of workers with over 20 years of service.
Seasonal workmen with over 20 years of service are entitled to gratuity at 15 days' wages per year, as per the Payment of Gratuity Act and relevant circulars.
The main legal point established in the judgment is that the initial date of service is required to be counted for payment of gratuity, and all the years from the date of joining either as casual or ....
The initial date of service is required to be counted for the payment of gratuity, and the years in which the workman had completed 240 days are to be reckoned for the determination of the number of ....
The initial date of service is required to be counted for the payment of gratuity, and all the years from the date of joining, either as casual or temporary, where the workman had completed 240 days ....
The main legal point established in the judgment is that the years in which the workman had completed 240 days are to be reckoned for payment of gratuity, not beyond 33 years and 5 months of service.
The initial date of service is required to be counted for payment of gratuity, and all the years from the date of joining either as casual or temporary workman, where the workman had completed 240 da....
An employer must provide sufficient evidence to support its claim that an employee's last wages were lower than what the employee claims.
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