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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 Dismisses Employer's Petition Challenging Gratuity Order — Employer Held Liable for Full Gratuity Despite Employee's Transfer to Another Corporation. Lien Maintained with Original Employer During Transfer, Making It the 'Employer' Under Section 2(f) of Payment of Gratuity Act, 1972.

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

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High Court of Karnataka Dismisses Writ Petition for Gratuity Due to Alternative Remedy Under Payment of Gratuity Act, 1972. Writ of Mandamus Not Maintainable as Statutory Remedy Under Section 7 of Payment of Gratuity Act, 1972 Was Available to Petitioner.

The petitioner, Babu Shankarappa Mukkannvar, a former First Division Clerk at the Postpartum Centre, J.N. Medical College, Belgaum, filed a writ petit...

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High Court of Bombay Upholds Employer's Forfeiture of Gratuity for Employee Convicted of Theft Involving Moral Turpitude. Theft by Bank Employee Constitutes Moral Turpitude Under Section 4(6)(b)(ii) of Payment of Gratuity Act, 1972, Justifying Forfeiture of Gratuity.

The petitioners, officials of the Bank of Maharashtra, challenged the order of the Appellate Authority under the Payment of Gratuity Act, 1972, which ...

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Supreme Court Upholds Withdrawal of Inter-Commissionerate Transfers for Inspectors Under Recruitment Rules 2016. Recruitment Rules Made Under Article 309 of the Constitution Prevail Over Executive Instructions, and ICTs Are Not Permissible as They Violate Separate Cadre Identity Under Rule 5.

The dispute arose from a batch of civil appeals filed by Inspectors of the Central Excise and Land Customs or Goods and Services Tax Administration, w...

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Bombay High Court Dismisses Petition by Principal Employer Challenging Gratuity Liability for Contractor's Employees. Principal Employer Held Liable Under Section 7 of Payment of Gratuity Act, 1972 for Gratuity of Contractor's Workmen When Contractor Fails to Pay.

The petitioner, Cummins (I) Limited, an engineering company, challenged a common order dated 30 May 2003 passed by the Controlling Authority under the...

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Bombay High Court Allows Gratuity Claim in Payment of Gratuity Act Case — Resignation Not Ground for Forfeiture. Forfeiture of gratuity under Section 4(6) of Payment of Gratuity Act, 1972 requires termination for misconduct causing damage; resignation does not justify forfeiture.

The petitioner, H. Jayarama Shetty, joined the respondent Sangli Bank Ltd. on 28 May 1991. On 3 May 1994, a show cause notice was issued regarding irr...