Gratuity Eligibility - Staff Is Terminated Due To Long Absenteeism But He Has Completed More Than 5 Years Of Work In An Organization

Provisions of gratuity act dealing with such cases Sec 2A continuous service Section: 2A Continuous service.

For the purposes of this Act, - (1) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, 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 order, rules or regulations governing the employees of the establishment), lay off, strike or a 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 this Act.

Was his absenteeism a matter of punishment resulting in break in service?

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