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SANDEEP V. MARNE
Indian Institute of Technology, Bombay – Appellant
Versus
Tanaji Babaji Lad – Respondent
JUDGMENT :
1) Rule. Rule is made returnable forthwith. With the consent of the learned counsel appearing for parties, the Petitions are taken up for final disposal.
2) Indian Institute of Technology, Bombay (IIT Bombay) has filed these Petitions challenging the orders passed by the Assistant Labour Commissioner (Central), Mumbai acting as Controlling Authority under the Payment of Gratuity Act, 1972,(PG Act) allowing the applications filed by Respondent-employees and directing payment of gratuity to them. The orders passed by the Controlling Authority have been upheld by the Appellate Authority and the Deputy Chief Labour Commissioner(Central), Mumbai by orders dated 3 April 2024, which are also subject matter of challenge in the present Petitions.
3) Petitioner IIT-Bombay is a premier research and educational institute in technology and engineering disciplines and established under the provisions of the Institute of Technology Act, 1961. It is recognized as institute of eminence by the Government of India. Petitioner has employed regular staff for conducting various study and academic programs. Its campus is spread over land admeasuring more than 500 acres. Various projects undertake
The court affirmed that the controlling authority can determine the employer-employee relationship for gratuity claims, establishing that IIT Bombay was liable for gratuity payments to contract emplo....
The court emphasized that without a clear employer-employee relationship, liability for gratuity payments cannot be placed upon the principal employer, especially in cases involving contractors.
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.
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....
Directors may not claim gratuity under the Payment of Gratuity Act if in control of the company unless explicitly outlined in a binding agreement.
Workers who are employed for wages in an establishment and have a master-servant relationship with the employer are entitled to gratuity under the Payment of Gratuity Act, 1972, regardless of whether....
Retainer performing managerial duties qualifies as employee under Gratuity Act; State authority competent for single-location posting despite multi-state branches, emphasizing dominant work nature ov....
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