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Search Results for "approved gratuity fund"

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High Court

Bombay High Court Dismisses Bank's Petition Challenging Gratuity Payment to Retired Employee. Forfeiture of Gratuity under Payment of Gratuity Act, 1972 requires proof of financial loss caused by employee's misconduct, not merely disciplinary punishment of compulsory retirement.

4 Nov 2025

The petitioner, Bank of Maharashtra, challenged the orders of the Controlling Authority and Appellate Authority under the Payment of Gratuity Act, 197...

Supreme Court

Supreme Court Allows Appeals by State Bank of India in Jet Airways Insolvency Case — Holds Performance Bank Guarantee Cannot Be Adjusted Against Resolution Plan Payment and Non-Implementation Leads to Liquidation. The Court ruled that the SRA's failure to pay airport dues and employee dues constituted non-implementation of the Resolution Plan under Section 33(3) IBC, 2016, and the PBG cannot be set off against the first tranche payment.

13 Nov 2024

The case pertains to the Corporate Insolvency Resolution Process (CIRP) of Jet Airways (India) Limited, initiated by State Bank of India (SBI) under S...

High Court

Bombay High Court Dismisses Ex-Promoters' Gratuity Claims, Holds Directors in Control Not 'Employees' Under Payment of Gratuity Act. Founders who were in absolute control of company affairs cannot claim gratuity as employees despite drawing salary, as they fall outside the definition of 'employee' under Section 2(e) of the Payment of Gratuity Act, 1972.

20 Aug 2024

The petitioners, Anil Govind Ganu and Ashwini Anil Ganu, were the founders and directors of Innovative Technomics Pvt. Ltd. They claimed gratuity for ...

High Court

Bombay High Court Allows Writ Petition for Gratuity and Leave Encashment Against OBC Corporation — Employee Entitled to Benefits Despite Non-Adoption of Payment of Gratuity Act. Non-adoption of Payment of Gratuity Act, 1972 by employer does not disentitle employee to gratuity if establishment is covered under the Act; leave encashment is a contractual right.

7 May 2021

The petitioners, legal heirs of the original petitioner Nagesh Jagdishrao Deshpande, filed a writ petition under Article 226 of the Constitution of In...

Supreme Court

Supreme Court Allows Employer's Appeal in Gratuity Dispute — Trust Deed and Scheme Capped Gratuity at Statutory Limit Under Payment of Gratuity Act, 1972. Employer's Gratuity Scheme Did Not Abandon Statutory Ceiling; Employee Entitled Only to Statutory Maximum.

29 Apr 2020

The appeal arose from a dispute between BCH Electric Limited (appellant-employer) and Pradeep Mehra (respondent-employee) regarding the quantum of gra...

High Court

Karnataka High Court Refers Questions on Applicability of Payment of Gratuity Act to Temples to Full Bench. Division Bench Finds Arguable Questions Whether Temple is 'Commercial Establishment' Under Karnataka Shops Act and Whether Prior Precedent on Temple Employee's Gratuity is Correct.

1 Aug 2019

The dispute arose when a former employee of Shri Mookambika Temple, Kollur, claimed gratuity under the Payment of Gratuity Act, 1972 after his superan...

Supreme Court

Supreme Court Dismisses Appeal of Employer Seeking Exclusion of Retired Railway Employees from EPF Coverage. Retired Employees Who Withdrew Full GPF Accumulations Are Not 'Excluded Employees' Under Paragraph 2(f) of the Employees' Provident Funds Scheme, 1952, as the Term 'Fund' Refers Only to the EPF Fund Established Under the Act.

26 Mar 2019

The case involves an appeal by Modern Transportation Consultation Services Pvt. Ltd. and its director against the judgment of the Division Bench of th...

High Court

Bombay High Court Allows Interest on Delayed Gratuity from Date of Retirement in Corruption Case Acquittal. Interest under Section 7(3A) of Payment of Gratuity Act, 1972 is payable from retirement date, not acquittal date, as gratuity becomes due on retirement regardless of pending criminal prosecution.

3 Apr 2018

The petitioner, Vinodkumar Narayan Dixit, a former Deputy Collector, retired on 1st April 1997 while a criminal prosecution under the Prevention of Co...

High Court

Bombay High Court Allows Appeal by Employer in Industrial Dispute — Tribunal Award Set Aside for Lack of Jurisdiction. The Court held that the Industrial Tribunal had no jurisdiction to entertain the reference as the dispute was not an industrial dispute under the Industrial Disputes Act, 1947.

7 Mar 2017

The present appeal is directed against the order passed by the learned Single Judge in Writ Petition No.4009/1997, on 19th of September, 2007. The pre...

High Court

Bombay High Court Dismisses Appeal Against CLB Order Directing Payment of Gratuity Under Consent Terms — Contractual Obligation Binding Despite Statutory Ineligibility Under Payment of Gratuity Act, 1971. Consent terms in company petition under Sections 397 and 398 of Companies Act, 1956, requiring payment of gratuity to resigning director, enforced by CLB.

10 Jul 2015

The case arose from a company petition filed by Appellant No.2 before the Company Law Board (CLB) against Appellant No.1 and the Respondent under Sect...

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