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Bombay High Court Allows Petition by Cooperative Society Challenging Gratuity for Post-Retirement Service. Service after superannuation on contract basis not counted for gratuity under Section 4(1) of Payment of Gratuity Act, 1972.

The petitioner, Janta Central Wholecell and Retail Cooperative Consumers Stores Ltd., challenged the claim of its former employee, Bansilal Lalchand A...

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Bombay High Court Allows Union of India's Writ Petitions Challenging CAT's Decision on Retirement Gratuity Effective Date. Employees Who Retired on 31.03.1995 Are Not Entitled to Revised Gratuity Scheme Effective from 01.04.1995 as Per O.M. Dated 14.07.1995.

The case involved two writ petitions filed by the Union of India against orders of the Central Administrative Tribunal (CAT), Mumbai Bench, which had ...

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Bombay High Court Allows Pensioner's Claim for Balance Gratuity Under VIIth Pay Commission Ceiling. Petitioner restricted claim to Rs.20 lakh ceiling, already paid Rs.9,76,280, balance Rs.10,23,720 directed to be paid with interest.

The petitioner, Dr. Mohammad Modassir, a pensioner and former State Election Commissioner of Goa, filed a writ petition seeking payment of retirement ...

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Bombay High Court Dismisses Bank's Petition Challenging Gratuity Payment to Retired Employee. Forfeiture of Gratuity under Payment of Gratuity Act, 1972 requires proof of financial loss caused by employee's misconduct, not merely disciplinary punishment of compulsory retirement.

The petitioner, Bank of Maharashtra, challenged the orders of the Controlling Authority and Appellate Authority under the Payment of Gratuity Act, 197...

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Bombay High Court Allows Writ Petition Challenging Post-Retirement Enquiry and Non-Payment of Gratuity. Employer cannot initiate disciplinary proceedings after superannuation as no employer-employee relationship exists; gratuity cannot be withheld pending enquiry.

The petitioner, Dhairyasheel A. Jadhav, superannuated from the services of Maharashtra Agro Industrial Development Corporation Ltd. on 31.12.2003. On ...

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Bombay High Court Allows Gratuity Claim of Retired Employee Despite Pending Regularization and Post-Retirement Chargesheet. Continuous Service of 22 Years Entitles Employee to Gratuity Under Payment of Gratuity Act, 1972, Irrespective of Alleged Overage at Joining.

The petitioner, Balvant Mohan Badve, a retired Civil Engineer, joined the Ahmednagar Municipal Corporation on 07/09/1985 and superannuated on 01/04/20...

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Bombay High Court Directs Zilla Parishad to Pay Retired Employee Gratuity and Commutation Amount with Interest for Delayed Payment. Non-payment of retiral benefits after superannuation violates Article 300A of the Constitution and Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961.

The petitioner, Motilal s/o Babulal More, retired from the services of the Zilla Parishad, Nandurbar on 31st May 2013 upon attaining the age of supera...

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Bombay High Court Dismisses Petition by Employer Challenging Dismissed Employee's Entitlement to Gratuity Under Payment of Gratuity Act, 1972. Dismissal Constitutes 'Retirement' Under Section 2(q) and Forfeiture Requires Specific Order Under Section 4(6) — Employee Entitled to Gratuity Despite Dismissal.

The case involves a writ petition filed by the Chairman cum Managing Director of Western Coalfields Ltd. challenging the entitlement of respondent No....