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High Court

Bombay High Court Dismisses MCGM Petitions Challenging Labour Court Orders for Payment of Provident Fund and Gratuity to Niece of Deceased Employee. The Court upheld that a niece can be a legal heir under the Bombay Provincial Municipal Corporations Act and the Industrial Disputes Act for claiming dues of a deceased employee who had no other family members.

7 Feb 2023

The Municipal Corporation of Greater Mumbai (MCGM) filed two writ petitions challenging orders of the Labour Court and the Controlling Authority under...

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 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 Employer's Petition Against Gratuity Award in Favour of Dismissed Employee for Fraudulent School Certificate. Forfeiture of Gratuity Upheld Under Section 4(6)(b)(ii) of Payment of Gratuity Act, 1972 for Misconduct Involving Moral Turpitude.

10 Jan 2020

The petitioner, Western Coalfields Ltd., challenged the orders of the Controlling Authority (Assistant Commissioner, Labour, Chandrapur) dated 21.10.2...

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

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 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...

High Court

Bombay High Court Dismisses Employer's Petition Challenging Higher Gratuity Award — Employee Entitled to Better Contractual Gratuity Under Section 4(5) of Payment of Gratuity Act, 1972. The court held that the statutory ceiling under Section 4(3) does not apply when an agreement provides for better terms, as saved by Section 4(5).

9 Feb 2012

The case involves a dispute between Ethiopian Airlines (Petitioner) and its former employee, Shri A.D. Noel Henriques (Respondent No. 1), regarding th...

High Court

Bombay High Court Allows Employer's Petition Challenging Gratuity Award — Limitation Period Under Rule 10 of Payment of Gratuity (Central) Rules, 1972 Is Directory, But Employee Failed to Prove Higher Last Drawn Wage. The Court held that the employee's claim for additional gratuity was not sustainable as the difference in wages was not established under Section 2(s) of the Payment of Gratuity Act, 1972.

16 Jun 2010

The State Bank of India (petitioner) challenged the order of the Appellate Authority under the Payment of Gratuity Act, 1972, which modified the Contr...

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