AIR 2018 SUPREME COURT 1545 ::2018 LAB. I. C. 1732 ::(2018) 2 CurLR 438 ::(2018) 157 FacLR 477 ::2018 (5) SCC 430 ::(2018) 5 Scale 19 ::AIR 2018 SC (Civil) 1532 ::(2018) 2 ServLJ 6 ::2018 (10) ADJ 22 NOC ::(2018) 3 Cal LJ 1 ::(2018) 4 All WC 3612 ::(2018) 3 ESC 556 ::(2018) 3 JCR 117 (SC) ::(2018) 2 JLJR 265 ::2018 (3) KCCR SN 246 (SC) ::(2018) 3 Raj LW 2407 ::(2018) 2 Pat LJR 284 ::(2018) 3 ServLR 43 ::(2018) 2 SCT 332 ::(2018) 3 AndhLD 131 ::ILR 2018 SC 1120

Supreme Court Of India

(From : Chhattisgarh)*

Hon'ble Judge(s): R. K. Agrawal, Abhay Manohar Sapre , JJ

(A) Payment of Gratuity Act (39 of 1972) , S.4— Gratuity - Payment of - Act being welfare legislation for benefit of employee serving for long time - Duty of Court to voluntarily pay gratuity amount to employee rather than force him to approach Court for claiming it. (Para 18) (B) Payment of Gratuity Act (39 of 1972) , S.2A, S.4— Gratuity - Continuous service - Employee working as daily wager uninterruptedly for 22 long years regularised three years prior to superannuation - Employee rendering total service for period of more than 25 years - Satisfied rigor of expression 'continuous service' as defined under S. 2A - Once services were regularised by State - Question as to from which date services were regularised - Not significant for calculating total length of service for claiming gratuity - Denial of benefit of gratuity on ground that he worked only 3 years as regular employee, unjustified. In present case, State took 22 years to regularize service of appellant and went on taking work from appellant on payment of meager salary of Rs. 2776/- per month for 22 long @page-SC1546 years uninterruptedly and only in last three years, State started paying salary of Rs. 11,107/- per month to appellant. Having regularized servi....