|
management
of
ahilandeswari mills
vs
asst.
labour commissioner (gratuity
authority)1999(2)lln 262 [hc-mad]
|
section
2(c) of the gratuity act which
defines continuous service
does indicate that festival
holidays and weekly holidays
are to be included.
are such days to be
reckonned for the 240 days
test for eligibility under
section 2(a)(2) ?
|
though
such days are not specifically
mentioned in the definition of
continuous service, such days
are to be included as the
cessation or non
working on such days by the
employee is not due to any
fault of the employee.
|
|
air
india ltd.
vs
appellate authority
(payment of gratuity act 1972)
[1999
(81) flr 960 bom-hc-sb]
|
can
recoveries or off-setting be
done from the gratuity if the
employee executes an agreement
assigning his grauity to the
company, say for claiming
certain benefits ?
|
even
if there is a perfectly valid
agreement assigning the
gratuity in favour of the
company, it will be hit by
section 14 of the act and the
employer cannot off-set any
dues from the gratuity payable
to the employee except in
contingencies falling under
section 4(6)
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