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ukkas
27-08-2015, 09:42 AM
Mr x entered as casual labourer on 17-05-1985. He awarded temporary status during 1993. Later he got regular post of group D on 01-01-2000. He retired on 31-08-2013. In this case from which date calculate the Gratuity. Department calculated gratuity from the date of temporary status i.e 1993 only. Kindly respond.

soodeep
03-09-2015, 08:25 PM
Mr x entered as casual labourer on 17-05-1985. He awarded temporary status during 1993. Later he got regular post of group D on 01-01-2000. He retired on 31-08-2013. In this case from which date calculate the Gratuity. Department calculated gratuity from the date of temporary status i.e 1993 only. Kindly respond.

As per Section 2(e) of the Gratuity act, employee means e) "employee" means any person (other than an apprentice) employed on wages, in any establishment, factory, mine, oilfield, plantation, port, railway company or shop, to do any skilled, semi-skilled, or unskilled, manual, supervisory, technical or clerical work, whether the terms of such employment are express or implied,and whether or not such person is employed in a managerial or administrative capacity, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity.

Further in Jharkhand High Court
Ms Mmtc Mica Division Minerals And ... vs Sri Sajjan Kumar Bhudolia And Ors on 22 April, 2014

the Supreme Court held that even the permanent employees, who had remained absent without leave, and had actually worked for less than 240 days in a year, were not entitled to gratuity. On the other hand, in the case of Badli employees who were employed only in case of absence of permanent employees, the gratuity was not found payable to them since they did not fulfill the conditions requiring that they should have worked for not less then 240 days in a year to qualify for gratuity. The test, therefore, is not whether the employee is described as permanent or temporary or whether he is paid daily or monthly wages. The test is whether he has actually worked for the number of days in a year as provided under the Act. If he was actually employed and had actually worked for not less than the specified number of days in a year, he will be entitled to payment of gratuity under the Act. (Ref: http://indiankanoon.org/doc/92838295/).

soodeep