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ALOK MATHUR
U. P. Bhoomi Sudhar Nigam – Appellant
Versus
Appellate Authority Under P. G. – Respondent
| Table of Content |
|---|
| 1. petitioner challenges authority orders. (Para 1 , 2 , 3) |
| 2. employee entitled to gratuity under act. (Para 4 , 18) |
| 3. arguments regarding contract and service continuity. (Para 10 , 11 , 12) |
| 4. court affirms gratuity entitlement. (Para 20 , 21) |
| 5. writ petition is dismissed. (Para 23 , 24) |
JUDGMENT
Alok Mathur, J.
The petitioner which is a corporation of the State of U.P. has filed the present writ petition challenging the orders dated 30.3.2019 and 28.9.2022 passed by the Prescribed Authority and the Appellate Authority under the provisions of the Payment of Gratuity Act, 1972.
2. The facts in brief are that the respondent no.3 was employed with the petitioner on the basis of contract entered into between the parties on consolidated salary w.e.f. 25.6.1998. He had worked with the petitioner for a period of 9 years and his services were dispensed with on 30.9.2007 after working for 9 years.
3. Respondent no.3 had filed an application for grant of gratuity as per provisions of the Payment of Gratuity Act, 1972. He has stated that he has continuously worked with the petitioner and he was covered within the definition of 'employee' as provided in the Act of 1972 but despit
Gratuity entitlement under the Payment of Gratuity Act depends on the interpretation of 'continuous service', applicable to contractual employees.
The main legal point established is that entitlement to gratuity under the Payment of Gratuity Act, 1972 is contingent upon fulfilling the statutory requirement of continuous service of 240 days per ....
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....
Gratuity under the Payment of Gratuity Act, 1972 must include entire continuous service, including stop-gap employment, unless exempted by the appropriate Government.
The entire duration of an employee's service is considered for Gratuity entitlements, and non-deposit of awarded Gratuity prevents appellants from successfully appealing against such claims.
The Payment of Gratuity Act mandates that casual workers are entitled to gratuity if they meet continuous service criteria, regardless of prior casual employment terms.
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