Burden to prove as to whether an establishment is a seasonal or not is upon the employer. - The Payment of Gratuity Act, 1972
An employee is entitled to gratuity under the Payment of Gratuity Act, 1972 to be calculated at the rate of 15 days last drawn wages for each complete year or part thereof in excess of six months of service, in an establishment functioning throughout the year. An employee is entitled to gratuity under the Payment of Gratuity Act, 1972 to be calculated at the rate of 7 days last drawn wages for each season in a seasonal establishment. Calculation is to be made on the basis of last drawn monthly wages divided by 26 and multiplying the quotient by 15.
-Madhodas Jankidas Mohta Ginning and Pressing Factory vs. Hirabai Wd/o Mohan Chavan, Wardha 2017 (Bom. H.c.)
The Payment of Gratuity Act,1972
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