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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,...

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 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 Bank's Petition Challenging Gratuity Order, Holds That Disciplinary Proceedings Not Concluded Before Retirement Do Not Bar Gratuity Payment Under Section 4(6) of Payment of Gratuity Act, 1972. The Court upheld the Appellate Authority's order directing payment of gratuity to the employee as the disciplinary proceedings were not concluded prior to retirement.

8 Jul 2021

The petitioner, Canara Bank, challenged the order dated 22.12.2020 passed by the Appellate Authority under the Payment of Gratuity Act, 1972 (responde...

Supreme Court

Supreme Court Dismisses Institute's Appeal in Gratuity Dispute — Retrospective Amendment Covers Teachers Under Payment of Gratuity Act. Teacher's Claim for Gratuity Upheld as Amended Definition of 'Employee' Includes Teachers with Retrospective Effect from 1997.

7 Mar 2019

The Supreme Court of India dealt with an appeal by Birla Institute of Technology (BIT) against the State of Jharkhand and others, concerning the entit...

Supreme Court

Supreme Court Dismisses Appeal of Educational Institute in Gratuity Dispute — Teacher Held Entitled to Gratuity Under Amended Definition. The Court applied the retrospective amendment to Section 2(e) of the Payment of Gratuity Act, 1972, which included teachers as employees, and upheld the orders of the controlling authority and High Court.

7 Mar 2019

The appeal arose from a dispute between Birla Institute of Technology (BIT) and a retired Assistant Professor (respondent No.4) regarding payment of g...

High Court

Bombay High Court Allows MCGM's Writ Petition Against Gratuity Order Due to Procedural Irregularities. Controlling Authority's Ex Parte Order Set Aside as Corporation Was Not Given Proper Opportunity to Be Heard.

6 Aug 2018

The Municipal Corporation of Greater Mumbai (MCGM) filed a writ petition challenging three orders: (1) an ex parte order of the controlling authority ...

High Court

Bombay High Court Dismisses Employer's Petition and Allows Workmen's Petition in Gratuity and Bonus Dispute. Employer's Liability Under Payment of Gratuity Act, 1972 and Industrial Disputes Act, 1947 Continues Despite Partnership Dissolution and Court Receivership.

13 Sep 2006

The judgment involves two connected writ petitions arising from the same factual matrix concerning a partnership firm, Daulatram Dyeing and Bleaching ...

High Court

Bombay High Court Dismisses Employer's Petition Challenging Labour Court Award of Reinstatement with Back Wages for Illegal Retrenchment. Non-Compliance with Section 25F of Industrial Disputes Act, 1947 Renders Termination Void, and Full Back Wages Are the Normal Rule.

30 Nov -0001

The case involves a writ petition filed by Shree Changdeo Sugar Mills Ltd. and another against 27 workmen challenging the award of the Labour Court, K...

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