Whether Gratuity Is Payable For Trainee Confrimed Subsequently

Hi,
The opinion of the members is solicited as we have a strong debate on
the subject
We have a trainee scheme for workers absorbed in the company rolls. The scheme starts from Intial training and goes on under various heads
before the guys move in to the probation and subequently confirmation.
The guy joning has trainee has to undergo training as trainee for about six years and subequently lands up in the probation.
The question for debate is whether the gratuity is payable from the date of joining or from the date of probation of the particular guy.
Can we have opinion on this please.
Thanks and regards,
B.Peros Kumar
26th May 2008 From India, Madras

Hi,
Once the trainee / temporary / probationer or whosoever, completes five years under one employer, would become entitled to gratuity irrespective of the fact that on the date of joining, he was in fact taken as a trainee / temporary / probationer and was later on confirmed or taken on rolls of the Company. This as as per the labour law jurispundence and one can have a case law on it.
Bharat
26th May 2008 From India, Mumbai

From the attached judgement, it will be clear that the period of traineeship is NOT TO BE EXCLUDED for counting the minimum 5 years for payment of gratuity.bharat
28th May 2008 From India, Mumbai

Attached Files (Download Requires Membership)

Gratuity Orissa Mining Case.pdf (23.0 KB, 627 views)