gratuity
shweta Verma
(Querist) 21 July 2010
This query is : Resolved
Respected Sirs,
Asst. labour Commisioner & Competent Authority under Payment of Gratuity Act, has ordered to pay our company gratuity on the basis of Madras High Court Ruling that 240 days in 5 year will be deemed to be one complete year.
Please suggest our course of action, should we go in appeal or pay Gratuity to the employee.
Regards
Shweta Verma
Kirti Kar Tripathi
(Expert) 23 October 2010
there are conflicts amongst various High Courts with regard to minimum period for eligibility of gratuity under the actin computing period of 5 years. this a legal question, which requires to decided by the larger bench. in appeal this question can not be decided but since remedy of appeal is provided in the act, you can not by pass the Chanel. If you want that this question be decided by the High Court, you may request the appellate authority to refer the question for determination to High Court.
