Calcutta High Court in Sk. Ekbal vs. The State of West Bengal and Ors. (WPA 23541/2024), disallowing the gratuity claim of the employee for the period he remained as a badli worker observed that the primary burden rests upon the workman to demonstrate that he has completed 240 days in a calendar year and considering that the workman was unable to show any document demonstrating that he had worked for 240 days or was in continuous service in the years between 1968 and 1978, he cannot claim gratuity for the said period.
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