case law

This query is : Resolved

jagadeesh (Querist)
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09 October 2009 I have completed 4 years and 250 working days in a company and resigned from that Company and joined in another company.

Whether I am eligible to get gratuity from the company based on the decision of Mettur Bearsell Ltd, Madars Vs.Regional Labour Commissioner, Madras, since I have not completed 5 years of eligible service.

Let me have a copy of the Order Mettur Bearsell Ltd, Madars Vs.Regional Labour Commissioner, Madras

Rajeev

Rajeev (Expert)
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10 October 2009 Any employee rendering continuous service for a period of 240 days in a year, i.e the fifth year should be deemed to have continued in service for one year as stipulated by section 2A of the Act.

An employee who has put in his service for 10 months for the fifth year subsequent to the fourth year should be deemed to have completed 5 years and is entitled to get gratuity as held by Madras High Court in case of {Mettur Beardsell Ltd, Madras V Regional labour Commissioner(central), Madras LLR1072(Mad HC). I do not have copy of the judgement

Sec 2A for "continous service" clearly mentions that , i think u wont need a copy of the judgement, if its that important , u can get a certified copy from the concerned court. if you cant get it , drop a mail at rajeev@rkmco.com, ill ask some lawyer to email it to you .