DHANSAI SAHU vs THE STATE OF CHHATTISGARH

The Supreme Court referred the issue of gratuity entitlement under the 1972 Act to a larger bench, noting that Section 2(e) of the Act excludes individuals governed by other rules from its provisions. The Court highlighted a conflict with the earlier decision in Teja Singh, which denied gratuity to a daily-rated Mazdoor regularized without qualifying service. The Court emphasized the necessity of considering the applicable service rules for gratuity claims, thus establishing the principle that service rules take precedence over the 1972 Act in such cases.