Category: Expert’s Corner
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ARBITRABILITY OF LABOUR AND INDUSTRIAL DISPUTES IN INDIA
by Mr. Prateek Mahajan, practicing advocate at the Punjab & Haryana High Court, Chandigarh Recently, the Supreme Court of India over-ruling its own decision in Himangni Enterprises v. Kamaljeet Singh Ahluwalia, held in the case of Vidya Drolia v. Durga Trading Corporation that landlord-tenant disputes governed by the Transfer of Property Act, 1882 (“TP Act”)…
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WHETHER AN EMPLOYEE WHO HAS NOT COMPLETED 5 YEARS’ SERVICE, BUT HAS COMPLETED 240 DAYS (190 DAYS IN 5 DAYS WORKING SYSTEM), WOULD BE ELIGIBLE FOR GRATUITY PAYOUT?
Adv. SK Mittal, Practising Lawyer in Labour and Industrial Laws The Payment of Gratuity Act, 1972 [“The Act”], u/s 2(b), defines “completed year of service” so as to mean continuous service for one year. U/s 2(c), “continuous service” means continuous service as defined in section 2A. Eligibility for payment of gratuity and the method of…