Payment of Gratuity Act, India

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Daily wage employees

Regular worker, daily wager equal under Gratuity Act: HC

Vasantha Kamar, January 1, 2024: The Times of India

Regular worker & daily wager equal under Gratuity Act: HC

Bengaluru : The Payment of Gratuity Act does not differentiate between a regular employee and a daily wage employee, Karnataka HC recently observed while directing the state government to settle arrears of a 75-year-old retired ‘D’ Group employee in relation to the period when he worked as a daily wager.


Allowing a plea filed by Basavegowda, Justice M Nagaprasanna pointed out that the Supreme Court in Senior Superintendent of Post Offices vs Gursewak Singh, had ruled in favour of Gramin Dak Sewaks though they were part-time employees.


Basavegowda joined Government High School, G Malligere, Mandya taluk, as a Group-D employee on November 18, 1971. He was regularised in service on January 1, 1990. On retirement after about 42 years of service on May 31, 2013, he was paid Rs 1,92,700 as gratuity for his service from January 1, 1990.
Citing that he was not paid gratuity for 19 years, Basavegowda petitioned the Controlling Authority under the Gratuity Act. The Authority determined the gratuity arrears to be paid to him at Rs 2,40,449. After he was still not paid the arrears, he approached the high court.