Gratuity

GRatuity is a gift by the employer to his best employee this is the main object if u gone through the Gratuity act you find that there is mathod of calculation is given, if his service is tretaed as a continuence service without backwages in that circumtances for that period no gratuity is applicable

regards

Hi shrikant

Thank you for the reply. ISince no service break was mentioned in the reinstating order whether it is necessary to pay gratuity for 12 years.

Sub section (6)of Section 4 empowers not to pay gratuity to an empoyee under certain circumstances, viz. all major misconducts of such employee. Section 4 (6) enunciates that the gratuity of an employee, whose services have been terminated for any act, wilful omission or negligence causing any damage or loss to, or destruction of property belonging to the employer shall be forfeited to the extent of the damage or loss so caused. It also says that the gratuity payable to an employee may be wholly or partly forfeited.

(i) If the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part, or

(ii)if the services of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employement.

since the employee was ordered to be reinstated in service with continuity of service, he is entitiled to all the conequential benifits including gratuity for all that period.  ( including revision of wages /annual increments etc.)

it is for 12 years as labour court ordered for continuity of service

The last two reply is very correct. As for as ur case is concerned the order frm the court is in favour of the employee and the above  section is not applicable.hence the employer has to pay the gratuity right from 1996.