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Bombay High Court Dismisses Petition by Employer Challenging Gratuity Order — Transfer with Lien Does Not Break Continuous Service Under Payment of Gratuity Act, 1972. Employer Liable to Pay Gratuity Based on Higher Pay Scale of Parent Organization.

The petitioner, The Maharashtra State Co-Operative Adivashi Vikas Mahamandal Maryadit, challenged the judgment and order dated 25/11/2019 passed by th...

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Bombay High Court Allows Petition in Gratuity Dispute — Sets Aside Industrial Court Order Denying Gratuity. Employee's Continuous Service of 30 Years Entitles Him to Gratuity Under Section 4 of Payment of Gratuity Act, 1972 Despite Employer's Claim of Abandonment.

The Petitioner, Noor Mohammed Abdul Rehman Mulla, a retired employee, challenged the judgment and order dated 26 March 2021 passed by the Industrial C...

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Supreme Court Dismisses Municipal Corporations' Appeals, Holds Payment of Gratuity Act, 1972 Applicable to Local Bodies. Municipal Employees Entitled to Gratuity Under Central Act Despite State Regulations Providing Lower Benefits.

The Supreme Court dismissed two civil appeals filed by Municipal Corporations of Kanpur and Gorakhpur against High Court orders upholding the Controll...

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Supreme Court Dismisses Municipal Corporations' Appeals, Holds Payment of Gratuity Act, 1972 Applicable to Local Bodies via Central Notification. The Act overrides inconsistent state regulations, entitling employees to gratuity under the Act.

The Supreme Court dismissed two civil appeals filed by Nagar Ayukt Nagar Nigam, Kanpur and Nagar Nigam, Gorakhpur against orders of the Allahabad High...

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Bombay High Court Dismisses Management's Petition Challenging Reinstatement of Teacher in Voluntary Retirement Case. Acceptance of Voluntary Retirement Without Statutory Notice Period Under Section 5(3) of MEPS Act, 1977 Held Illegal.

The petitioner, Shri Guru Buddhiswami Mahavidyalaya (the Management), challenged the judgment and order dated 06/12/2013 of the School Tribunal, Latur...

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Bombay High Court Allows Petition by Cooperative Society Challenging Gratuity for Post-Retirement Service. Service after superannuation on contract basis not counted for gratuity under Section 4(1) of Payment of Gratuity Act, 1972.

The petitioner, Janta Central Wholecell and Retail Cooperative Consumers Stores Ltd., challenged the claim of its former employee, Bansilal Lalchand A...

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Bombay High Court Allows Appeal Against Deduction from Gratuity for Cooperative Loan Repayment. Employer Cannot Deduct Gratuity for Loan to Cooperative Society Unless It Is a Government Due Under Rule 132 read with Rule 134 of Maharashtra Civil Service (Pension) Rules, 1982.

The appellant, Ashfaq Husain, was a Section Officer with Zilla Parishad, Washim. Upon his retirement, the respondents (Chief Executive Officer, Block ...

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Bombay High Court Dismisses Employee's Petition Challenging Correction of Date of Birth in Service Records. Employer's reliance on original School Leaving Certificate over employee's subsequent claim upheld as proper exercise of administrative power.

The petitioner, Ashok Ramchandra Nirmal, was appointed as a Clerk with the respondent college on 23rd September 1986. At the time of appointment, he s...

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Bombay High Court Dismisses Employer's Petition Challenging Gratuity Payment Order. Employer Cannot Withhold Gratuity Under Section 4(6) of Payment of Gratuity Act, 1972 Without Termination of Service for Willful Omission or Negligence.

The Maharashtra State Road Transport Corporation (MSRTC) challenged the orders of the Controlling Authority and Appellate Authority under the Payment ...