Search Results for "gratuity"

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Search Results for "gratuity"

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High Court

Bombay High Court Upholds Gratuity Orders Against IIT Bombay in Contract Labour Case — Principal Employer Liable Under Payment of Gratuity Act, 1972. IIT Bombay held liable for gratuity of contract labourers despite absence of direct employer-employee relationship, as the definition of 'employer' under Section 2(f) of the Payment of Gratuity Act, 1972 includes the person who has ultimate control over the affairs of the establishment.

4 Oct 2024

The Indian Institute of Technology, Bombay (IIT Bombay) filed three writ petitions challenging orders of the Controlling Authority and Appellate Autho...

High Court

Bombay High Court Dismisses Ex-Promoters' Gratuity Claims, Holds Directors in Control Not 'Employees' Under Payment of Gratuity Act. Founders who were in absolute control of company affairs cannot claim gratuity as employees despite drawing salary, as they fall outside the definition of 'employee' under Section 2(e) of the Payment of Gratuity Act, 1972.

20 Aug 2024

The petitioners, Anil Govind Ganu and Ashwini Anil Ganu, were the founders and directors of Innovative Technomics Pvt. Ltd. They claimed gratuity for ...

High Court

Bombay High Court Allows Writ Petitions Challenging Termination of Contract Labour Services by ONGC — Violation of Industrial Disputes Act and Contract Labour (R&A) Act. Termination of services of contract labour without compliance with Section 25-F of the Industrial Disputes Act, 1947 and without obtaining requisite permission under the Contract Labour (Regulation and Abolition) Act, 1970 held illegal.

23 Aug 2023

The petitioners were contract labourers engaged by the respondent ONGC through various contractors. Their services were terminated without any notice ...

High Court

Bombay High Court Allows Writ Petition for Gratuity and Leave Encashment Against OBC Corporation — Employee Entitled to Benefits Despite Non-Adoption of Payment of Gratuity Act. Non-adoption of Payment of Gratuity Act, 1972 by employer does not disentitle employee to gratuity if establishment is covered under the Act; leave encashment is a contractual right.

7 May 2021

The petitioners, legal heirs of the original petitioner Nagesh Jagdishrao Deshpande, filed a writ petition under Article 226 of the Constitution of In...

High Court

Karnataka High Court Dismisses Writ Petition by Two Companies Challenging Gratuity Payment Order — Payment of Gratuity Act, 1972. Employee's continuous service under same management entitles him to gratuity despite separate corporate identities.

22 Feb 2021

The petitioners, Varma Industrial Private Limited and IBC Knowledge Park Private Limited, challenged the order dated 31.05.2018 passed by the Assistan...

Supreme Court

Supreme Court Allows Employer's Appeal in Gratuity Dispute — Trust Deed and Scheme Capped Gratuity at Statutory Limit Under Payment of Gratuity Act, 1972. Employer's Gratuity Scheme Did Not Abandon Statutory Ceiling; Employee Entitled Only to Statutory Maximum.

29 Apr 2020

The appeal arose from a dispute between BCH Electric Limited (appellant-employer) and Pradeep Mehra (respondent-employee) regarding the quantum of gra...

High Court

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.

27 Sep 2019

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

High Court

Bombay High Court Allows Interest on Delayed Gratuity from Date of Retirement in Corruption Case Acquittal. Interest under Section 7(3A) of Payment of Gratuity Act, 1972 is payable from retirement date, not acquittal date, as gratuity becomes due on retirement regardless of pending criminal prosecution.

3 Apr 2018

The petitioner, Vinodkumar Narayan Dixit, a former Deputy Collector, retired on 1st April 1997 while a criminal prosecution under the Prevention of Co...

High Court

Bombay High Court Dismisses Petition by Principal Employer Challenging Gratuity Liability for Contractor's Employees. Principal Employer Held Liable Under Section 7 of Payment of Gratuity Act, 1972 for Gratuity of Contractor's Workmen When Contractor Fails to Pay.

5 Jan 2017

The petitioner, Cummins (I) Limited, an engineering company, challenged a common order dated 30 May 2003 passed by the Controlling Authority under the...

Supreme Court

Supreme Court Upholds Workmen's Right to Claim Both Gratuity and Retrenchment Compensation; Section 25F(b) of Industrial Disputes Act, 1947, interpreted to allow dual benefits.

16 Oct 1959

The dispute originated from an industrial reference between the Indian Hume Pipe Co. Ltd. and its workmen concerning a claim for gratuity. The employe...

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