1975 (8) TMI 52

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..... the workers under the Kerala Industrial Employees Payment of Gratuity Act, 1970, for one year of service only. The assessee claimed that it was allowable and the claim was rejected by the ITO but was allowed by the AAC. 2. The main contention of the Department is that the firm itself was constituted only in the prior year and none of the employees should have completed 5 years of uninterrupted .....

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..... t most of them will continue in service for five years and on that basis make provision for gratuity which will have to be paid at the time of their retirement, resignation, retrenchment, discharge or dismissal. The liability imposed by the Act therefore can generally be said to be a liability incurred from year to year and for every year an employee continues in service he gains the right to clai .....

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