Hi, Is there any difference between the definition of Continuous Service under section 2A of Gratuity act and Sect. 25B of Industrial dispute Act. Kindly share in length
From India, Delhi
6From India, Delhi
Dear Sandip,
As per Gratuity Act refer below definition of continuous service,
Continuous service
(1) an employee shall be said to be in continuous service for a period if employee has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave, lay-off, strike or a lock-out or cessation of work not due to any fault of the employee.
(2) where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (1), for any period of 1 year or 6 months, he shall be deemed to be in continuous service under the employer:
(a) for the said period of 1 year, if the employee during the period of 12 calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than 240 days, in any other case;
(b) for the said period of 6 months, if the employee during the period of 6 calendar months preceding the date with reference to which the calculation is to be made, has actually worked under the employer for not less than 120 days, in any other case.
From India, Mumbai
As per Gratuity Act refer below definition of continuous service,
Continuous service
(1) an employee shall be said to be in continuous service for a period if employee has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave, lay-off, strike or a lock-out or cessation of work not due to any fault of the employee.
(2) where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (1), for any period of 1 year or 6 months, he shall be deemed to be in continuous service under the employer:
(a) for the said period of 1 year, if the employee during the period of 12 calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than 240 days, in any other case;
(b) for the said period of 6 months, if the employee during the period of 6 calendar months preceding the date with reference to which the calculation is to be made, has actually worked under the employer for not less than 120 days, in any other case.
From India, Mumbai
Hi Jyoti, Thanks for your prompt reply. But I am looking , is there any difference between the two under different acts or it remains same.
From India, Delhi
From India, Delhi
Mr. Sandeep, Have you raised this query only to test the knowledge of others or have you any specific query ?
From India, Faridabad
From India, Faridabad
Dear Mr. Shobit,
If you find my post irrelevant or testing kindly ignore no need to revert by asking questions. I had a query I posted. If you have the answer kindly share your knowledge upgrade other members as @Umakanthan sir do else read it and move ahead.
Keep Your Conduct Professional, Polite And Helpful.
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From India, Delhi
If you find my post irrelevant or testing kindly ignore no need to revert by asking questions. I had a query I posted. If you have the answer kindly share your knowledge upgrade other members as @Umakanthan sir do else read it and move ahead.
Keep Your Conduct Professional, Polite And Helpful.
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From India, Delhi
Hi Sandeep, The definitions under two different Acts w.r.t. 'Continuous Service' juxtaposed & explained using SC/HC judgments on different context as in the attachment can be referred to.
From India, Bangalore
From India, Bangalore
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