Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
BATTU DEVANAND, A.HARI HARANADHA SARMA
Managing Director, West Godavari Coop Sugars Ltd. – Appellant
Versus
Deputy Commissioner of Labour, Eluru – Respondent
| Table of Content |
|---|
| 1. dismissal of writ petition and factual background. (Para 1 , 2) |
| 2. employer's arguments regarding gratuity. (Para 3 , 6) |
| 3. court's reasoning on appeals and procedural fairness. (Para 8 , 9 , 10 , 11) |
| 4. concluding insights on the adequacy of the learned single judge's decision. (Para 12) |
| 5. conclusion of the appeal. (Para 13 , 14 , 15) |
JUDGMENT :
A. HARI HARANADHA SARMA, J.
Introductory:-
1. Feeling aggrieved by the dismissal of the Writ Petition in W.P.No.1461 of 2024 under orders dated 25.01.2024 by the learned Single Judge of this Court, the Writ Petitioner therein filed the present appeal.
Factual Matrix:
2. (i) Respondent Nos.3, 7 to 9, 14 to 21, 26 to 28, 34 to 42, 44 to 55 and 59 are said to be the workmen / N.M.Rs. The Controlling Authority under the Payment of Gratuity Act, 1972 and Assistant Commissioner of Labour, Eluru in P.G. Case No.5 of 2012 and batch, considered the case of the employees in the respective cases, as to payment of gratuity in terms of the Payment of Gratuity Act for a period of 15 days instead of 7 days for every completed period of service and passed orders in favour of the workmen under orders dated 28.05.2022, rejecting the ground of the
Gratuity for workmen in non-seasonal employment is determined at 15 days per completed year of service, contrary to employer claims of 7 days for seasonal workers under the Payment of Gratuity Act.
The main legal point established is that entitlement to gratuity under the Payment of Gratuity Act, 1972 is contingent upon fulfilling the statutory requirement of continuous service of 240 days per ....
The main legal point established in the judgment is the overriding effect of the Payment of Gratuity Act, 1972, over other enactments, and the requirement of continuous service for the payment of gra....
Seasonal workmen with over 20 years of service are entitled to gratuity at 15 days' wages per year, as per the Payment of Gratuity Act and relevant circulars.
Interpreting Act unequivocally indicate that payment of gratuity would not depend upon employee filing an application before employer demanding gratuity but will have to be paid immediately on cessat....
The entire duration of an employee's service is considered for Gratuity entitlements, and non-deposit of awarded Gratuity prevents appellants from successfully appealing against such claims.
Employer cannot withhold gratuity for unauthorized retention of quarters post-retirement; statutory interest of 10% applies for delayed payment.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
