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Applicability of Section 2-A of the Act is retrospective and not prospective. - The Payment of Gratuity Act, 1972

Continuous service under Section 2-A of the Payment of Gratuity Act, 1972 is to be taken from the date of appointment till the age of superannuation irrespective of the fact that employee was appointed in 1970, employer stopped production activities in February 1986 and not released salary of employees till the age of superannuation in 2006 except the period of absence for which an order treating the absence as break in service has been passed in accordance with the standing orders, rules or regulations governing the employees of the establishment. Applicability of Section 2-A of the Act is retrospective and not prospective or only from the amendment of Section 2©of the Act by insertion of Section 2-A of the Act in view of the language of sub-section (1) which states "whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act.

-Hope T textiles Ltd. vs. Hariprasad. 2019 (M.P. H.C.)

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