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Supreme Court Allows Appeal Against Withholding of Pension and Gratuity During Pendency of Criminal Proceedings. State of Bihar's Circulars and Resolution Cannot Override Rule 43(b) of Bihar Pension Rules, 1950 Which Requires a Finding of Guilt Before Withholding Pension.

The appellant, Dr. Hira Lal, was a Touring Veterinary Officer in Bihar who was implicated in the Fodder Scam (RC Case No.48 A/1996) and placed under s...

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High Court of Karnataka Allows Appeal in Gratuity Payment Case — Transferor Not Liable for Post-Transfer Gratuity. Transfer of establishment under Section 2(s) of Payment of Gratuity Act, 1972 shifts gratuity liability to transferee for period after transfer.

The case involves a writ appeal filed by the President and Secretary of the Family Planning Association of India against an order of a Single Judge of...

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Bombay High Court Quashes Condonation of Delay in Gratuity Appeal — Delay Beyond 120 Days Cannot Be Condoned Under Payment of Gratuity Act, 1972. Section 7(7) First Proviso Imposes Absolute Bar on Entertaining Appeal Filed After 120 Days from Receipt of Controlling Authority's Order.

The petitioner, Changunabai Sambhaji Gaware, a retired employee, filed a writ petition challenging the order of the Industrial Court dated 18.11.2014,...

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Bombay High Court Dismisses Employer's Writ Petition Challenging Gratuity Order Due to Alternate Remedy. Employer failed to avail statutory appeal under Section 7(7) of Payment of Gratuity Act, 1972, hence writ petition not maintainable.

The petitioner, Chanda Khand Sahakari Shetkari Kharedi Vikri Sanstha, was the employer of respondent No.1, Dattatraya Ramchandra Gaund, who was appoin...

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High Court of Karnataka Dismisses Petitions Challenging Gratuity Recovery Orders Against Municipal Corporation Employees. Gratuity is a statutory right under the Payment of Gratuity Act, 1972, and cannot be withheld due to pending criminal proceedings or departmental inquiries.

The petitioners, Madhukar and Abdul Kasim Khan (in W.P.No.5919/2008) and the legal representatives of deceased Shivappa (in W.P.No.5920/2008), were em...

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Bombay High Court Dismisses Writ Petition Challenging Gratuity Order Due to Availability of Alternative Remedy Under Section 7(7) of Payment of Gratuity Act, 1972. Writ jurisdiction under Articles 226 and 227 cannot be invoked when statutory appeal remedy is available and not exhausted.

The petitioner, Chief Executive Officer of Zilla Parishad, Beed, challenged the order dated 23/08/2011 passed by the Assistant Labour Commissioner and...

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Bombay High Court Dismisses Employer's Petition Challenging Gratuity Award to Principal. Teacher/Principal Held to Be 'Employee' Under Section 2(e) of Payment of Gratuity Act, 1972, Following Supreme Court Precedent.

The petitioner, Vidarbha Youth Welfare Institution (Society), challenged the judgment and order dated 29-5-2010 passed by the Controlling Authority un...

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Supreme Court Dismisses Employer's Appeal Against Industrial Tribunal Award Linking Wages to Cost of Living Index. Award Linking Wage Scales to Cost of Living and Reducing Gratuity Qualifying Period Upheld as Consistent with Minimum Wage Principles.

The case concerned an industrial dispute between Hydro (Engineers) Pvt. Ltd. and its workmen over revision of wage scales and gratuity schemes. Previo...