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V. SUJATHA
Puvvada Venkata Mohana Murali Krishna Murthy – Appellant
Versus
J. Murali – Respondent
ORDER:
WRIT PETITION No.28820 of 2018
The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-
2. The facts of the case are that pursuant to “Half a Million Jobs Programme” of the Government of India, th
Special Category Assistants who have completed 5 years of service in a DCCB are eligible for terminal benefits as per the service regulations of the DCCB, including gratuity and leave encashment, fro....
The court ruled that the computation of gratuity dues is under the jurisdiction of the Controlling Authority, making a Writ Petition not maintainable when an alternative remedy exists.
The central legal point established in the judgment is the exclusive domain of the Controlling Authority for adjudication of disputes related to gratuity under Sec. 7 of the Payment of Gratuity Act, ....
Writ petition decision underscores that withholding terminal benefits violates statutory rights under labor law, mandating their release with interest.
Retirement benefits, including gratuity and leave encashment, are statutory rights under the Payment of Gratuity Act, 1972, mandating timely payment regardless of the employer's financial situation.
An employee's resignation does not negate the right to gratuity and leave encashment, and any delay in payment of gratuity entitles the employee to interest as per the Payment of Gratuity Act, 1972.
The expression 'employer' in Sec. 2(f) of the Payment of Gratuity Act read with Sec. 13 (2) of the General Clauses Act, 1897, would include 'employers'.
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