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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Gundu Daji Desai – Appellant
Versus
Aplab Ltd. – Respondent
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 Judge of the Fourth Labour Court at Thane, in Application (PGA) No.173 of 2022. The petition also challenges the judgment dated 19.10.2024 delivered by the learned Appellate Authority under the Payment of Gratuity Act, 1972, who is the learned Member of the Industrial Court at Mumbai, in Appeal (PGA) No.8 of 2024. The petitioner company is a limited company registered under the provisions of the Indian Companies Act, 1913. It carries on the business of manufacturing UPS systems and industrial AC and DC power units and engages employees in different categories for its production and administrative activities. At the time of his resignation, the respondent was working in the capacity of Chief Regional Manager and h
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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