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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Gundu Daji Desai – Appellant
Versus
Aplab Ltd. – Respondent
| Table of Content |
|---|
| 1. delayed gratuity claim after resignation without form i (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. gratuity wages exclude special allowances; interest needs refusal (Para 10 , 11 , 12 , 13 , 14) |
| 3. company policy: 26 days wages for 15+ years service (Para 15 , 16 , 17) |
| 4. no limitation if employer skips section 7(2) notice (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 5. interest on undeposited gratuity; none on admitted deposit (Para 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36) |
| 6. allowance substance determines wages inclusion; remand required (Para 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45) |
| 7. remand appellate authority for wages and documents (Para 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53) |
JUDGMENT :
AMIT BORKAR, J.
1. As all the petitions arise out of a common judgment and order, they are being disposed of by this common judgment. For the purpose of convenience and clarity, the facts stated in the petition filed by the employer are treated as the primary facts of the dispute.
2. The present writ petition is directed against the judgment dated 09.11.2023 passed by the learned Controlling Authority under the Payment of Gratuity Act, 1972, who is also the learned J
Employer's failure to issue Section 7(2) notice renders limitation inapplicable to delayed gratuity claims; special allowance includibility in wages demands factual probe; interest accrues on unpaid ....
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....
Special allowances are excluded from gratuity calculations under the Payment of Gratuity Act, 1972, as per its statutory definition of wages.
Employer cannot withhold gratuity for unauthorized retention of quarters post-retirement; statutory interest of 10% applies for delayed payment.
The right to interest on delayed gratuity payments is statutory and mandatory under Section 7(3-A) of the Payment of Gratuity Act, 1972.
The right to interest on delayed gratuity payments is statutory and mandatory under Section 7(3-A) of the Payment of Gratuity Act, 1972.
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.
The availability of an alternate and efficacious remedy under the statutory provisions and the non-mandatory nature of the requirement of filing a written application for gratuity under Rule 7 of the....
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