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Search Results for "gratuity provision"

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High Court

High Court of Madras Considers Interplay of Section 40A(7) and Section 43B for Deduction of Gratuity Provision. The Court Examined Whether Specific Provision Overrides Requirement of Actual Payment, but Final Verdict Not Available in Provided Excerpt.

24 Mar 2025

The case concerned an appeal by the assessee, a manufacturer of specialty chemicals, against the disallowance of a provision for gratuity of Rs.31,24,...

High Court

Madras High Court Allows Writ Petition for Gratuity for Prior Service Period in Cooperative Society Transfer Case — Continuous Service Principle Applied Under Payment of Gratuity Act, 1972. Transfer between cooperative societies does not break continuity of service for gratuity computation under Section 4 of the Payment of Gratuity Act, 1972.

10 Jan 2025

The petitioner, V. Janagambal, was appointed as a saleswoman in the 3rd respondent cooperative credit society on 08.01.1985 through employment exchang...

Supreme Court

Supreme Court Dismisses Appeals by Postal Department, Holds Gramin Dak Sewaks Entitled to Gratuity Under Payment of Gratuity Act, 1972. Voluntary Resignation Does Not Bar Gratuity as Section 4(1)(b) of the Act Overrides Rule 6(13) of the Gramin Dak Sewak (Conduct & Engagement) Rules, 2011.

15 Mar 2019

The Supreme Court considered two appeals arising from the Punjab & Haryana High Court concerning the entitlement of Gramin Dak Sewaks (GDS) to gratuit...

High Court

Bombay High Court Upholds Forfeiture of Gratuity for Misappropriation by Bank Employee — Wilful Misconduct Under Section 4(6)(b)(ii) of Payment of Gratuity Act, 1972 Justifies Forfeiture of Entire Gratuity. The court held that misappropriation of funds by a bank employee constitutes wilful misconduct involving moral turpitude, and the employer is entitled to forfeit the entire gratuity under Section 4(6)(b)(ii) of the Payment of Gratuity Act, 1972.

14 Jun 2018

The petitioner, an ex-employee of the respondent bank, was terminated on 6 July 1996 after a departmental enquiry found him guilty of misappropriating...

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

Bombay High Court Dismisses Employee's Writ Petition Challenging Industrial Court Order in Gratuity Dispute — BIFR Scheme Under SICA Overrides Payment of Gratuity Act. The court held that a rehabilitation scheme sanctioned by BIFR under SICA is binding on all employees and the employer's payment of gratuity as per the scheme constitutes a valid discharge of its liability under the Payment of Gratuity Act, 1972.

24 Jun 2016

The writ petition was filed by Suryakant Ramchandra Mahadik, an erstwhile employee of Khatau Makanji Spinning and Weaving Mills Ltd., challenging an a...

High Court

High Court of Karnataka Dismisses Insurance Company's Petition Challenging Gratuity Payment to Retired Employee. Employer's Recovery Orders from Terminal Benefits Do Not Extinguish Statutory Gratuity Entitlement Under Payment of Gratuity Act, 1972.

10 Sep 2015

The New India Assurance Company Limited filed writ petitions challenging an order dated 30.03.2009 passed by the appellate authority under the Payment...

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...

High Court

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.

25 Sep 2012

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

Supreme Court

Supreme Court Dismisses Bank's Appeal, Holds Gratuity Payable under Cooperative Bank's Rules Despite Non-Approval of Rule 6. Rule 7, which was approved, independently imposes obligation to pay gratuity on retirement, irrespective of non-approval of Rule 6, under the Maharashtra Co-operative Societies Act, 1960.

3 Sep 1969

An employee of the Jalgaon District Central Co-operative Bank Ltd. retired on July 19, 1962 after 32 years of service. The bank had framed Gratuity Fu...

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