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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
M.S. JAWALKAR
Suresh S/o Laxmanrao Tikhile – Appellant
Versus
Municipal Council, Achalpur – Respondent
JUDGMENT :
1. RULE. Rule made returnable forthwith. Heard finally with the consent of the learned Counsel appearing for the parties.
2. Writ Petition No.4810/2024 is filed by the Petitioner challenging the order passed by the Appellate Authority under the Payment of Gratuity Act, 1972 Industrial Court, Amravati dated 07.01.2020 in P.G.A. Appeal No.16/2018 and order dated 05.03.2024 passed in Review Application No.11/2020.
3. Writ Petition No.2461/2024 is filed by the Petitioner challenging the order passed by the Appellate Authority under the Payment of Gratuity Act, 1972 Industrial Court, Amravati dated 05.03.2024 in Review Application No.01/2020 and order dated 07.01.2020 passed in P.G.A. Appeal No.15/2018.
4. Writ Petition No.2450/2024 is filed by the Petitioner challenging the order passed by the Appellate Authority under the Payment of Gratuity Act, 1972 Industrial Court, Amravati dated 05.03.2024 in Review Application No.09/2020 and order dated 07.01.2020 passed in Appeal P.G.A. No.11/2018.
5. Writ Petition No.2592/2024 is filed by the Petitioners challenging the order passed by the Appellate Authority under the Payment of Gratuity Act, 1972 Industrial Court, Amravati dated05.03.2
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.
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 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....
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 that the Payment of Gratuity Act, 1972 applies to all employees, including daily wage employees, and entitles them to gratuity for their entire ser....
The Payment of Gratuity Act, 1972 applies to local body employees, overriding inconsistent state provisions, and gratuity is a statutory right, not a charity.
Gratuity cannot be forfeited unless the termination arises from misconduct causing financial loss, further requiring conviction for moral turpitude for such an action to be justified.
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