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Bombay High Court Dismisses Bank's Petition Challenging Gratuity Award to Compulsorily Retired Employee. Forfeiture of Gratuity Under Section 4(6) of Payment of Gratuity Act, 1972 Requires Willful Offence or Moral Turpitude, Not Mere Misconduct.

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

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Supreme Court Upholds Workmen's Right to Claim Both Gratuity and Retrenchment Compensation; Section 25F(b) of Industrial Disputes Act, 1947, interpreted to allow dual benefits.

The dispute originated from an industrial reference between the Indian Hume Pipe Co. Ltd. and its workmen concerning a claim for gratuity. The employe...

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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.

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

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Bombay High Court Allows Gratuity Claims of Resigned Judicial Officers in Service Law Dispute. Resignation Does Not Forfeit Statutory Gratuity Under Payment of Gratuity Act, 1972 for Judicial Officers with Over 12 Years of Service.

The judgment concerns two writ petitions filed by former judicial officers of the Maharashtra State Judicial Service. The petitioners, Jeevan Kashinat...

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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 Municipal Corporation's Petition and Upholds Gratuity Payment with Interest. Withholding of Gratuity Pending Departmental Enquiry Without Forfeiture Order Violates Payment of Gratuity Act, 1972; Interest Awarded Under Section 7(3-A).

The Municipal Corporation of Greater Mumbai withheld the gratuity of a retired employee, Shri Vitthal Anna Kamble, on the ground that a departmental e...

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Madras High Court directs Primary Agricultural Co-operative Bank to pay retirement benefits with interest. Financial crisis of employer does not justify withholding of gratuity and leave encashment, and mandamus issued under Article 226 of Constitution of India.

The case involved a writ petition under Article 226 of the Constitution filed by K. Pandi, a former salesman of the Nattarasankottai Primary Agricultu...

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Supreme Court Refers Gratuity Claim of Daily-Wager to Larger Bench Due to Conflict in Precedents. The Court found a conflict between Netram Sahu (2018) and Teja Singh (2009) regarding applicability of Payment of Gratuity Act, 1972 to regularized daily-wagers.

The Supreme Court in this appeal considered whether a daily-wager, who was later regularized as a government employee and superannuated, is entitled t...