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PANKAJ MITHAL, S. V. N. BHATTI
Management of Steel Authority of India – Appellant
Versus
Shambhu Prasad Singh – Respondent
| Table of Content |
|---|
| 1. overview of the cases and relevant timelines. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. clarification of applicable gratuity and retention rules. (Para 8 , 12 , 18) |
| 3. arguments on gratuity and penal rent adjustments. (Para 10 , 14 , 15) |
| 4. assessment of obligations regarding gratuity and rental terms. (Para 16 , 17 , 19) |
| 5. conclusion on reasonable penal rent and its implications. (Para 20 , 21) |
| 6. final decision and outcome of the civil appeals. (Para 23) |
JUDGMENT
S.V.N. BHATTI, J.
1. Leave Granted.
2. The batch of Civil Appeals arises from Civil Review Order dated 16.05.2024 in Civil Review No. 45 of 2021, etc., and the Order dated 20.01.2020 in LPA No. 561 of 2017 and batch. The questions of fact and law are the same in the Civil Appeals. The Civil Appeals were heard on 09.03.2026 and 11.03.2026, respectively, and reserved for judgment. Through the instant Judgment, the Civil Appeals are considered and disposed of.
3. There are two types of cases before this Court. One type where the Writ Petition was decided after the Order dated 31.03.2017 of this Court in Civil Appeal No. 4740 of 2017, and the other is where the Writ Petition was decided before the Order dated 31.03.2017 of t
The court determined that gratuity can be withheld if an ex-employee fails to vacate company accommodation, constituting a breach of internal policies.
The court ruled that administrative orders must provide reasons and notice to comply with natural justice principles, and failure to do so renders the order unsustainable.
Employer cannot withhold gratuity for unauthorized retention of quarters post-retirement; statutory interest of 10% applies for delayed payment.
Once full amount of gratuity becomes payable to the employee due to the consequences of law, then the right to get statutory interest in terms of Section 7(3A) of the Payment of Gratuity Act, cannot ....
The court established that review petitions cannot be based on subsequent judgments or changes in law, and must strictly adhere to the grounds specified under Order 47 Rule 1 CPC, emphasizing the lim....
Recovery of damage rent for unauthorized railway quarter retention permissible from retirement gratuity under Rule 15(2) of Railway Services (Pension) Rules, 1993 as government dues; Payment of Gratu....
The withholding of retiral benefits, including gratuity and leave encashment, based on a pending criminal case, must be in accordance with the relevant statutory provisions and cannot be applied retr....
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