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C. M. POONACHA
AM Rajashekaraiah – Appellant
Versus
Secretary Department of Labour – Respondent
| Table of Content |
|---|
| 1. petitioner's employment history and grievances (Para 1 , 2 , 3) |
| 2. respondent’s objections to the writ petition (Para 4 , 5) |
| 3. arguments on entitlement to gratuity (Para 6 , 7) |
| 4. court’s inquiry into reliefs sought (Para 8 , 9) |
| 5. court analysis of gratuity computations (Para 10 , 11 , 12) |
| 6. court's rejection of technical objections (Para 13 , 14) |
| 7. statutory obligations under the gratuity act (Para 15 , 16 , 17) |
| 8. final order and relief to the petitioner (Para 18 , 19) |
ORDER :
C.M. Poonacha, J.
The above Writ Petition is filed seeking for the following reliefs:
ii) Pass any order/s or
Forfeiture of gratuity under Section 4(6) of the Payment of Gratuity Act, 1972 requires a co-relation between the exception and the extent of loss or damage suffered by the employer.
Gratuity under the Payment of Gratuity Act, 1972 must include entire continuous service, including stop-gap employment, unless exempted by the appropriate Government.
Gratuity is a statutory entitlement not subject to withholding after superannuation absent explicit legal grounds for forfeiture, emphasizing employee protection under the Act.
Teachers who were in service as on 3rd April, 1997 and had rendered service of not less than 5 years were entitled to gratuity, even if they had retired or terminated their services prior to the amen....
The relationship of employer and employee cannot change due to external funding, and liability for gratuity under the Gratuity Act remains with the employer. The court's order for enforcement of the ....
A person who receives wages directly from an employer, regardless of the mode of appointment, qualifies as an employee entitled to gratuity under the Payment of Gratuity Act, 1972.
The Payment of Gratuity Act allows claims for both statutory and contractual gratuity to be adjudicated under the same authority, ensuring employee rights are protected.
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