Back
HIGH COURT OF UTTARAKHAND
RAMESH CHANDRA SHARMA – Appellant
Versus
UTTARAKHAND TRANSPORT CORPORATION (UTC) – Respondent
| Table of Content |
|---|
| 1. establishment of facts regarding service termination and reinstatement. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments concerning entitlement to gratuity and acp benefits. (Para 6 , 7 , 8 , 9 , 10) |
| 3. court analysis on continuous service and gratuity eligibility. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. judgment on the illegality of non-payment of gratuity. (Para 22 , 23) |
| 5. final orders on gratuity payment and acp representation. (Para 24 , 25 , 26 , 27) |
JUDGMENT :
Subhash Upadhyay, J.
1. As both the Writ Petitions involve similar question of facts and law hence, the same are being decided by this common Judgment.
2. The petitioner in WPSS No.11/2017, Ramesh Chandra Sharma died during the pendency of the writ petition and has been substituted by his wife Smt. Vijay Lakshmi. The petitioners have filed the writ petitions claiming gratuity for the entire length of service and have further claimed benefit of Assured Career Progression (ACP) on completion of 26 years of service. Petitioner Ramesh Chandra Sharma was appointed as driver in the U.P. State Road Transport Corporation on 07.12.1986 and his services were terminated vide order dated 28.12.1991.
3. Petiti
Employees reinstated with continuity in service are entitled to gratuity for the entire duration of employment, including the period post-termination, as per statutory provisions.
Reinstated employees are entitled to gratuity for the entire period of service, including any intervening employment, recognizing continuity of service as affirmed by judicial precedents.
Wrongful termination without employee fault, later quashed, entitles full back wages for absence period and ACP increments with service continuity, rejecting 'no work no pay' where employee willing b....
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 ....
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
