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Bombay High Court Allows Widow's Petition Quashing Recovery from Gratuity in Pay Fixation Error Case. Recovery of Excess Payment Made to Deceased Government Employee Without Notice Violates Natural Justice and Cannot Be Deducted from Death Gratuity.

The petitioner, Jayshri w/o Sanjay Chandode, is the widow of Sanjay Bhagirath Chandode, a government employee who worked as a peon in the office of Re...

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Bombay High Court Quashes Condonation of Delay in Gratuity Appeal — Delay Beyond 120 Days Cannot Be Condoned Under Payment of Gratuity Act, 1972. Section 7(7) First Proviso Imposes Absolute Bar on Entertaining Appeal Filed After 120 Days from Receipt of Controlling Authority's Order.

The petitioner, Changunabai Sambhaji Gaware, a retired employee, filed a writ petition challenging the order of the Industrial Court dated 18.11.2014,...

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High Court of Karnataka Dismisses Petitions Challenging Gratuity Recovery Orders Against Municipal Corporation Employees. Gratuity is a statutory right under the Payment of Gratuity Act, 1972, and cannot be withheld due to pending criminal proceedings or departmental inquiries.

The petitioners, Madhukar and Abdul Kasim Khan (in W.P.No.5919/2008) and the legal representatives of deceased Shivappa (in W.P.No.5920/2008), were em...

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High Court of Karnataka Dismisses Petitions Challenging Gratuity Recovery Orders Against Municipal Corporation Employees. Gratuity Act Section 7(4-A) Recovery Not Barred by Limitation Act; Employer's Failure to Deposit Amount Attracts Interest.

The petitioners, former employees of the Hubli-Dharwad Municipal Corporation, challenged the recovery orders passed by the Deputy Commissioner and App...

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Bombay High Court Dismisses Writ Petition Challenging Gratuity Order Due to Availability of Alternative Remedy Under Section 7(7) of Payment of Gratuity Act, 1972. Writ jurisdiction under Articles 226 and 227 cannot be invoked when statutory appeal remedy is available and not exhausted.

The petitioner, Chief Executive Officer of Zilla Parishad, Beed, challenged the order dated 23/08/2011 passed by the Assistant Labour Commissioner and...

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Bombay High Court Allows Writ Petition for Gratuity Payment Despite Departmental Enquiry — Forfeiture of Gratuity Requires Specific Finding of Quantified Loss. Employer Cannot Forfeit Gratuity Under Section 4(6) of Payment of Gratuity Act, 1972 Without Specific Charge and Finding of Quantified Loss.

The petitioner, Vinod Vinayak Jinturkar, a former employee of the Maharashtra Small Scale Industries Development Corporation (respondent no.2), filed ...

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Supreme Court Dismisses Employer's Appeal Against Industrial Tribunal Award Linking Wages to Cost of Living Index. Award Linking Wage Scales to Cost of Living and Reducing Gratuity Qualifying Period Upheld as Consistent with Minimum Wage Principles.

The case concerned an industrial dispute between Hydro (Engineers) Pvt. Ltd. and its workmen over revision of wage scales and gratuity schemes. Previo...