The law has recognized for break in service for Payment of
Gratuity Act, 1972 and the break in service is verified by section 2 (A) of Payment
of Gratuity Act, 1972.
Section 2 (c) of Payment of Gratuity Act, 1972 as amended in
year 1984, defines the expression “continuous service” as defined in section 2
(A) of the Act. Under that section, an
employee is said to be in “continuous service” for a period if he has, for that
period, been in uninterrupted on account of absence from duty without leave not
being absence in respect of which an order treating the absence as break in
service has been passed in accordance with the standing orders, rules or
regulations governing the employees of the establishment, lay-offs, strike or
lock-out or cessation of work not due to any fault of the employee, whether
such uninterrupted or interrupted service was rendered before or after the commencement
of the Payment of Gratuity Act, 1972.
In one case, the Hon’ble High Court of India has held that
no deduction can be made from gratuity even if employee was occupying quarter.
To get the supporting case law for this do write us on juristicsolution@gmail.com
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