https://www.taxtmi.com/caselaws?id=197385 A winding up order is treated as notice of discharge under Section 445(3) of the Companies Act, 1956, so the intervening period before re-employment is not continuous service for gratuity purposes. A later stay under Section 18FA(10) of the Industries (Development and Regulation) Act, 1951 operates prospectively from the takeover of management and does not relate back to the winding up date. In a nationalisation context, the successor corporation's liability for gratuity is confined to the period of service expressly covered after takeover, and does not extend to earlier liabilities unless the statute so provides. en-us Tue, 07 Jan 2003 00:00:00 +0530 Fri, 05 Jan 2018 11:48:16 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=197385 A winding up order is treated as notice of discharge under Section 445(3) of the Companies Act, 1956, so the intervening period before re-employment is not continuous service for gratuity purposes. A later stay under Section 18FA(10) of the Industries (Development and Regulation) Act, 1951 operates prospectively from the takeover of management and does not relate back to the winding up date. In a nationalisation context, the successor corporation's liability for gratuity is confined to the period of service expressly covered after takeover, and does not extend to earlier liabilities unless the statute so provides. Case-Laws Indian Laws Tue, 07 Jan 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=197385