2026 LLR WEB 1139 (PUNJAB AND HARYANA HIGH COURT)
Applicability of the Payment of Gratuity Act to an establishment must be established by cogent evidence of the requisite strength of employees.

GRATUITY - Applicability to establishment - Scope of writ jurisdiction - Payment of Gratuity Act, 1972, Sections 1(3)(b) and 1(3-A) - A retired employee's claim for gratuity was rejected by the Controlling Authority on the ground that the respondent-establishment never employed ten or more persons in the preceding twelve months as required for applicability of the Act, a finding upheld by the Appellate Authority, which further noted that the claimant had failed to lead evidence despite opportunities and had sought to raise new pleas at the appellate stage... subscribe to read more..