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Search Results for "gratuity recovery"

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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 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.

8 Aug 2024

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

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...

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

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.

18 Sep 2014

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

High Court

Bombay High Court Allows Gratuity and Leave Encashment to Resigned Government Employees — Distinguishes Resignation from Voluntary Retirement Under Payment of Gratuity Act, 1972 and Maharashtra Civil Services Rules. Resignation after 10 years of service qualifies for gratuity under Section 4 of Payment of Gratuity Act, 1972, and Rule 66(3) of Maharashtra Civil Services (Leave) Rules, 1981 is invalid for denying leave encashment on resignation.

20 Jun 2014

The Bombay High Court, in a group of three writ petitions under Article 226 of the Constitution of India, considered the challenge by government emplo...

High Court

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.

11 Mar 2005

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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