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Supreme Court

Supreme Court Upholds Management's Right to Withhold Gratuity in Employment Dispute Over Quarter Retention - Management Entitled to Adjust Penal Rent from Gratuity Under SAIL Gratuity Rules, 1978 When Employees Retain Quarters Beyond Permissible Period.

18 Mar 2026

The Supreme Court of India heard a batch of civil appeals concerning disputes between the management of Steel Authority of India (SAIL) and its retire...

High Court

Bombay High Court Upholds Continuity of Service for Gratuity Calculation in Cross-Border Employment Transfer. Employer Liable for Gratuity for Entire Service Period Including Foreign Assignment Under Payment of Gratuity Act, 1972.

15 Jan 2024

The judgment involves cross petitions filed by Mercedes-Benz India Pvt. Ltd. (employer) and its ex-employee, Mr. Noshir Nani Desai, challenging an ord...

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 Allows Employer's Petition in Gratuity Calculation Dispute — Service Rules Cap on Maximum Gratuity Upheld Over Payment of Gratuity Act, 1972. Employer's decision to restrict gratuity to 20 months' pay by combining two service spells was valid under Rule 84 of the Service Rules, and the Controlling Authority's order directing additional gratuity was set aside.

10 Oct 2023

The petitioner, The Maharashtra State Co-Operative Adivashi Vikas Mahamandal Maryadit, challenged the orders of the Controlling Authority and Appellat...

High Court

Bombay High Court Allows Employer's Petition in Gratuity Calculation Dispute — Service Rules Cap on Maximum Gratuity Upheld Over Payment of Gratuity Act. Employer's restriction of gratuity to 8 years in second spell due to combined service exceeding 20-month cap under Rule 84 of Service Rules was valid and not violative of Section 4 of Payment of Gratuity Act, 1972.

10 Oct 2023

The petitioner, The Maharashtra State Co-Operative Adivashi Vikas Mahamandal Maryadit, challenged the orders of the Controlling Authority and Appellat...

High Court

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.

9 Aug 2023

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

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

Bombay High Court Dismisses Employer's Challenge to Gratuity Award for Non-Seasonal Employees in Ginning Factory. Employees working as Wireman and Press Driver held entitled to gratuity at fifteen days' wages per year under Section 4(2) of Payment of Gratuity Act, 1972, not seven days per season.

20 Apr 2017

The case involves two writ petitions filed by Madhaodas Jankidas Mohta Ginning and Pressing Factory (the employer) challenging orders of the Controlli...

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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