Search Results for "gratuity provision"

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Search Results for "gratuity provision"

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Supreme Court

Supreme Court Allows Appeals by State Bank of India in Jet Airways Insolvency Case — Holds Performance Bank Guarantee Cannot Be Adjusted Against Resolution Plan Payment and Non-Implementation Leads to Liquidation. The Court ruled that the SRA's failure to pay airport dues and employee dues constituted non-implementation of the Resolution Plan under Section 33(3) IBC, 2016, and the PBG cannot be set off against the first tranche payment.

13 Nov 2024

The case pertains to the Corporate Insolvency Resolution Process (CIRP) of Jet Airways (India) Limited, initiated by State Bank of India (SBI) under S...

High Court

Bombay High Court Allows Writ Petition for Pensionary Benefits to Retired Ayurvedic College Staff. Employees who took voluntary retirement are entitled to pension and gratuity under the Maharashtra Civil Services (Pension) Rules, 1982, as the college is a government-aided institution.

19 Apr 2024

The petitioners, seven retired employees of Seth Govindji Raoji Ayurveda Mahavidyalaya (Respondent No. 4), an Ayurvedic college in Solapur, filed a wr...

High Court

Bombay High Court Dismisses Petition of Dismissed Bank Officer Seeking Gratuity — Forfeiture Upheld Under Payment of Gratuity Act, 1972 for Misconduct Causing Financial Loss. The court held that forfeiture of gratuity under Section 4(6) of the Payment of Gratuity Act, 1972 is valid when dismissal is for misconduct causing financial loss to the employer.

16 Nov 2022

The petitioner, Kishanrao Vithalrao Bagale, was a dismissed officer employee of Bank of Baroda. He filed a writ petition seeking a direction to the ba...

High Court

Bombay High Court Dismisses Employer's Petition Challenging Gratuity Award in Date of Birth Fraud Case. Forfeiture of Gratuity Under Section 4(6)(b)(ii) of Payment of Gratuity Act, 1972 Not Applicable as Misconduct Did Not Involve Moral Turpitude or Loss to Employer.

29 Jan 2020

The petitioner, Western Coal Fields Limited, a government company, challenged the concurrent orders of the Controlling Authority and Appellate Authori...

High Court

Bombay High Court Dismisses Review Petition in Land Acquisition Compensation Case — No Error Apparent on Record. Review jurisdiction under Order 47 Rule 1 CPC is limited to correcting errors apparent on the face of the record, not re-agitating merits.

9 Mar 2018

The case pertains to a review petition filed by M/s National Textile Corporation Ltd. and another (the original respondents) seeking review of a judgm...

High Court

Bombay High Court Allows Gratuity Claim Despite Dismissal for Moral Turpitude - Payment of Gratuity Act, 1972 Overrides Service Rules. The court held that Section 4(6) of the Payment of Gratuity Act, 1972 does not disentitle an employee from gratuity merely because of termination for misconduct involving moral turpitude.

9 Nov 2017

The petitioner, Parvez Shaikh, was appointed as an Assistant Teacher on 07.07.1983 and confirmed on 06.07.1985. In 1989, criminal offences under Secti...

High Court

Bombay High Court Dismisses Petition by Employer Challenging Dismissed Employee's Entitlement to Gratuity Under Payment of Gratuity Act, 1972. Dismissal Constitutes 'Retirement' Under Section 2(q) and Forfeiture Requires Specific Order Under Section 4(6) — Employee Entitled to Gratuity Despite Dismissal.

23 Dec 2015

The case involves a writ petition filed by the Chairman cum Managing Director of Western Coalfields Ltd. challenging the entitlement of respondent No....

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...

High Court

Bombay High Court Dismisses Writ Petition Challenging Gratuity Order Against Sick Company — Payment of Gratuity Act, 1972 Overrides SICA Scheme. The court held that the statutory liability to pay gratuity under the Payment of Gratuity Act, 1972 cannot be overridden by a rehabilitation scheme under the Sick Industrial Companies (Special Provisions) Act, 1985.

2 May 2006

The petitioner, Metal Box India Ltd., a company incorporated under the Companies Act, 1956, challenged an order dated 16.11.2002 passed by the Appella...

High Court

Bombay High Court Dismisses Petition of Superannuated Teachers Association Seeking Pension Revision Under UGC Regulations. UGC Regulations Held Non-Statutory and Not Binding on State Government, No Writ of Mandamus Issued.

30 Nov -0001

The petitioner, Association of College & University Superannuated Teachers (Maharashtra), a registered society, filed a writ petition under Article 22...

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