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Employer is required to establish the the mode and manner of imparting training to prove that the claimant is not an employee but only a trainee - Kerala HC   Feb 01, 2021

The Kerala High Court in its recent ruling has held the 'trainee' period will have to be included for calculating gratuity as the employer had failed to prove that any training was imparted.

The High Court made the following observations:

"Designating an employee as trainee, extracting regular work from him and then denying him the benefit of Gratuity Act under the pretext of such employee being a trainee would certainly defeat the object of the welfare statute."


"The employee further stated in his evidence adduced on affidavit before the Controlling Authority that there was no change in the nature of his employment after completion of the training period i.e after 16.07.1993. His evidence shows that before completion of training and after completion of training, his nature of work was same and he continued to work in same shift allocation. Evidence adduced on affidavit by the opposite party is conspicuously silent on the aspect as to how the employee was being trained during his training period as per the order at Ext.P3. Who was imparting training to the employee is not stated in the evidence on affidavit by the employer."

Copy of the judgement is attached   



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