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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
HON'BLE SMT. JUSTICE MUKULIKA SHRIKANT JAWALKAR
Municipal Council Achalpur – Appellant
Versus
Anil Laxmanrao Pataskar – Respondent
JUDGMENT :
1. Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties.
2. Since the issue involved in all these petitions is similar hence, they are being disposed of by this common judgment.
3. In Writ Petition No.887/2024, the petitioner is challenging the order dated 27.06.2023, passed by the Appellate Authority under the Payment of Gratuity Act, 1972, Amravati in P.G.A. Appeal No.12/2021 and further challenging the judgment and order dated 26.10.2021, passed by the Controlling Authority, Labour Court, Amravati in Application (PGA) No.09/2016.
4. In Writ Petition No.813/2024, the petitioner is challenging the order dated 27.06.2023, passed by the Appellate Authority under the Payment of Gratuity Act, 1972, Amravati in P.G.A. Appeal No.13/2021 and further challenging the judgment and order dated 26.10.2021, passed by the Controlling Authority, Labour Court, Amravati in Application (PGA) No.08/2016.
5. In Writ Petition No.889/2024, the petitioner is challenging the order dated 27.06.2023, passed by the Appellate Authority under the Payment of Gratuity Act, 1972, Amravati in P.G.A. Appeal No.08/2022 and further challenging the judg
The Payment of Gratuity Act, 1972 applies unless an establishment is exempted, and it provides more beneficial terms for employees compared to the Maharashtra Civil Services (Pension) Rules.
The Payment of Gratuity Act applies to Municipal Council employees unless exempted, and limitation does not apply if notice under Section 7(2) is not issued.
Point of Law : Section 2(e) of the Act reads as “employee” means any person (other than an apprentice) who is employed for wages, whether the terms of such employment are expressed or implied, in any....
The main legal point established in the judgment is the need for the Appellate Authority to adjudicate the issue of jurisdiction raised by the Union of India and the stay of the recovery notice, subj....
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....
The Payment of Gratuity Act, 1972 applies to local body employees, overriding inconsistent state provisions, and gratuity is a statutory right, not a charity.
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