KALEESWARAR MILLS A UNIT, COIMBATORE Vs. THE ASST. LABOUR COMMISSIONER (CENTRAL), (CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT), SHASTRI BHAVAN, MADRAS,

JUDGEMENT

(1.) THE facts giving rise to the present writ petition are as follows : -

(2.) THE sole contention raised by the petitioner is that the employee was not entitled to the gratuity during the years when he had remained absent from the work due to the illegal strike. The relevant provision of Section 2 -A of the Payment of Gratuity Act is extracted hereunder : -

(3.) A perusal of the aforesaid provision makes it clear that if the service of the employee is interrupted due to strike for no fault of the employee, then such employee shall be deemed to be in continuous service. However, where the absence due to strike is on account of default of the employee, such period of absence cannot be considered as uninterrupted service and he would not be eligible for gratuity for the particular year if he does not complete 240 days in the year by excluding such period of absence due to strike on account of the mistake of the employee. It seems that a similar view has been taken in an unreported decision of this Court in the judgment dated 4.9.2001 in W.P.No.18249 of 1994.