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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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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.

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

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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.

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

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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.

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

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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.

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

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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 Upholds Interest on Delayed Gratuity Under Section 8 of Payment of Gratuity Act, 1972 — Employer's Dispute Over Quantum Does Not Justify Withholding Payment Beyond Prescribed Period.

The judgment concerns two writ petitions arising from an order dated 27/02/2017 passed by the Assistant Labour Commissioner (Central), Nagpur, acting ...