BareLaws
SECTION

Section 5 — Payment of gratuity

From: The Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955

5. Payment of gratuity .

(1)Where -
(a)any working journalist has been in continuous service, whether before or after the commencement of this Act, for not less than three years in any newspaper establishment, and -
(i)his services are terminated by the emplo yer in relation to that newspaper establishment for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action; or
(ii)he retires from service on reachin g the age of superannuation; or
(b)any working journalist has been in continuous service, whether before or after the commencement of this Act, for not less than ten years in any newspaper establishment, and he volun tarily resigns on or after the 1st day of July, 1961, from service in th at newspaper establishment on any ground whatsoever other than on the ground of conscience; or
(c)any working journalist has been in continuous service, whether before or after the commencement of this Act for not less than three years in any newspaper es tablishment, and he voluntarily resigns on or after the 1st day of July, 1961, from service in that establishment on the ground of conscience; or
(d)any working journalist dies while he is in service in any newspaper establishment ; the working journalist or, in the case of his death, his nominee or nominees or , if there is no nomination in force at the time of the death of the working journalist, his family, as the case may be, shall, without prejudice to any benefits or rights accr uing under the Industrial Disputes Act, 1947 (14 of 1947), be paid, on such termination, retirement, resignation or death, by the employer in relation to that establishment gratuity which shall be equivalent to fifteen days ’ average pay for every completed year of service or any part t hereof in excess of six months: Provided that in the case of a working journalist referred to in clause ( b), the total amount of gratuity that shall be payable to him shall not exceed twelve and half month ’s average pay: Provi ded further that where a working journalist is employed in any newspaper establishment wherein not more than six working journalists were employed on any day of the twelve months immediately preceding the commencement of this Act, the gratuity payable to a working journalist employed in any such newspaper establishment for any period of service before such commencement shall not be equivalent to fifteen days ’ average pay for every completed year of service or any part thereof in excess of six mont hs but sha ll be equivalent to -
(a)three days ’ average pay for every completed year of service or any part thereof in excess of six months, if the period of such past serv ice does not exceed five years;