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High Court

Bombay High Court Allows Employer's Petitions in Gratuity Dispute, Holding That Continuous Service Under Same Management Entities Employee to Single Gratuity Calculation. The Court set aside orders of Controlling and Appellate Authorities under the Payment of Gratuity Act, 1972, which had directed payment of two separate gratuities for two tranches of service with Terna Polytechnic and Terna Engineering College, ruling that the service was continuous under the same employer.

12 Jan 2024

The case involves four writ petitions filed by M/s. Terna Polytechnic and M/s. Terna Engineering College (the petitioners) against Shri Ravi Bhadrappa...

High Court

Bombay High Court Dismisses Petition of Retired Employees in Gratuity Computation Case. Court upholds Controlling Authority's order based on last drawn wages and rejects interest claim.

27 Sep 2023

The petitioners, three retired employees of Hindustan Antibiotics Ltd., filed a writ petition challenging the orders of the Controlling Authority and ...

Supreme Court

Supreme Court Allows Appeal in Service Law Dispute Over Absorption and Salary Components. The court held that gratuity and leave encashment are part of 'salary' under Section 2(r) of the Rajasthan Non-Government Educational Institutions Act, 1989 and the Rajasthan Voluntary Rural Education Service Rules, 2010, entitling the appellants to these payments as per previous Supreme Court order.

26 Sep 2022

The dispute originated from the appellants' appointment as teachers in a senior secondary school, an aided institution under the fifth respondent trus...

High Court

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.

19 Aug 2022

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

High Court

High Court of Karnataka Dismisses Zilla Panchayat's Challenge to Gratuity Orders — Workmen Engaged Through Contractor Held Entitled to Gratuity from Principal Employer Under Payment of Gratuity Act, 1972. The court held that the definition of 'employee' under Section 2(e) includes persons employed through a contractor, and the principal employer is liable for gratuity when the contractor fails to pay.

12 May 2022

The case involves six writ petitions filed by the Chief Executive Officer of Zilla Panchayat, Mysuru, and other officers challenging orders of the Ass...

Supreme Court

Supreme Court Upholds Employees' Right to Gratuity in Pending Criminal Appeals Under Kerala Service Rules. Interpretation of Rules 3 and 3A of Kerala Service Rules Distinguishes Pension from Death-cum-Retirement Gratuity, Prohibiting Withholding Despite Conviction with Suspended Sentence.

15 Mar 2022

The Supreme Court examined appeals arising from a Full Bench judgment of the Kerala High Court concerning the entitlement of government employees to D...

Supreme Court

Supreme Court Dismisses Employees' Appeal in Gratuity Amendment Case, Upholding Prospective Application and Tax Deduction. The Court held that the Payment of Gratuity (Amendment) Act, 2010 applies prospectively from its notified date of 24.5.2010, not retrospectively from 1.1.2007, and that the cut-off date does not create an arbitrary classification as gratuity is a one-time payment distinct from pension.

13 Aug 2021

The appeal arose from a dispute involving employees of Coal India Limited challenging the High Court of Jharkhand's order dated 27.7.2016, which decli...

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

High Court of Karnataka Quashes Controlling Authority's Orders Deferring Gratuity Payment Due to Pending Criminal Proceedings. Statutory Right to Gratuity Under Section 4 of Payment of Gratuity Act, 1972 Cannot Be Withheld Pending Criminal Case.

17 Aug 2016

The petitioner, Shri B. Premananda Pai, a former Senior Manager of Vijaya Bank, filed a writ petition under Articles 226 and 227 of the Constitution o...

High Court

Bombay High Court Dismisses Employer's Petition Challenging Gratuity Award — Delay in Filing Application Not Barred Under Payment of Gratuity Act, 1972. Limitation Under Section 7(7) Applies Only to Appeals, Not to Original Applications for Gratuity.

26 Feb 2015

The petitioners, the Maharashtra State Cooperative Tribal Development Corporation Ltd. and its officers, challenged the order of the Controlling Autho...

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