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Bombay High Court Dismisses Employer's Petition Challenging Maintainability of Gratuity Application Under Payment of Gratuity Act. Dispute Over Quantum of Contractual Gratuity Under Section 4(5) of Payment of Gratuity Act, 1972 Falls Within Jurisdiction of Controlling Authority Under Section 7.

The petitioner-employer, Vitesco Technologies India Pvt. Ltd., challenged the order of the Appellate Authority under the Payment of Gratuity Act-cum-I...

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Supreme Court Upholds Employees' Right to Gratuity in Pending Criminal Appeals Under Kerala Service Rules. Interpretation of Rules 3 and 3A of Kerala Service Rules Distinguishes Pension from Death-cum-Retirement Gratuity, Prohibiting Withholding Despite Conviction with Suspended Sentence.

The Supreme Court examined appeals arising from a Full Bench judgment of the Kerala High Court concerning the entitlement of government employees to D...

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Bombay High Court Upholds Gratuity Entitlement for Daily Wager Absorbed as Clerk — Continuous Service Counted from Initial Appointment. Municipal Council's contention that daily wage period cannot be counted for gratuity rejected under Section 4 of Payment of Gratuity Act, 1972.

The Municipal Council, Achalpur, filed a writ petition challenging two concurrent judgments: the order dated 26.06.2015 of the Controlling Authority u...

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Bombay High Court Allows Appeal by Employer in Industrial Dispute — Tribunal Award Set Aside for Lack of Jurisdiction. The Court held that the Industrial Tribunal had no jurisdiction to entertain the reference as the dispute was not an industrial dispute under the Industrial Disputes Act, 1947.

The present appeal is directed against the order passed by the learned Single Judge in Writ Petition No.4009/1997, on 19th of September, 2007. The pre...

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High Court Allows Bank's Petition to Forfeit Gratuity of Employee Terminated for Misappropriation. Misappropriation of Funds by Bank Employee Constitutes Offence Involving Moral Turpitude Under Section 4(6)(b)(ii) of Payment of Gratuity Act, 1972, Justifying Forfeiture of Entire Gratuity.

The petitioner, Bank of India, challenged the orders of the controlling authority dated 30 June 2004 and the appellate authority dated 4 September 200...

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Bombay High Court Allows Gratuity Claim in Payment of Gratuity Act Case — Resignation Not Ground for Forfeiture. Forfeiture of gratuity under Section 4(6) of Payment of Gratuity Act, 1972 requires termination for misconduct causing damage; resignation does not justify forfeiture.

The petitioner, H. Jayarama Shetty, joined the respondent Sangli Bank Ltd. on 28 May 1991. On 3 May 1994, a show cause notice was issued regarding irr...

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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.

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...