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RAJA BASU CHOWDHURY
Food Corporation of India – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Raja Basu Chowdhury, J:
1. The present writ application had been filed, inter alia, challenging the order dated 21st September, 2021, passed by the Controlling Authority under the Payment of Gratuity Act, 1948 (hereinafter referred to as the “said Act”), and the order dated 29th July, 2022, passed by the Appellate Authority constituted under the said Act.
2. The petitioner says that the petitioner had engaged the respondent no. 4 from time to time, on no-work-no-pay basis. The respondent no. 4, however, with a malafide intention on 12th December, 2019 had filed an application in Form-‘N’ before the Controlling Authority claiming gratuity. The proceeding was contested by the petitioner and on contested hearing, the Controlling Authority by his order dated 21st September, 2021, was, inter alia, pleased to determine the gratuity payable to the respondent no. 4. Challenging the aforesaid order, a statutory appeal was filed before the Appellate Authority under the said Act.
3. The Appellate Authority, however, by its order dated 29th July, 2022, was, inter alia, pleased to uphold the findings passed by the Controlling Authority and declared that the respondent no. 4 is entitled t
An individual who is employed for wages in connection with the work of an establishment, regardless of whether they are appointed in terms of a specific regulation, qualifies as an employee under Sec....
A person who receives wages directly from an employer, regardless of the mode of appointment, qualifies as an employee entitled to gratuity under the Payment of Gratuity Act, 1972.
PAYMENT OF GRATUITY TO CONTRACT LABOURER IS A STATUTORY RIGHT AND CANNOT BE DENIED IF THE CONTRACT LABOURER HAS BEEN EMPLOYED FOR WAGES AND HAS WORKED FOR THE EMPLOYER FOR A CONTINUOUS PERIOD OF NOT ....
The main legal point established is that entitlement to gratuity under the Payment of Gratuity Act, 1972 is contingent upon fulfilling the statutory requirement of continuous service of 240 days per ....
Forfeiture of gratuity under Section 4(6) of the Payment of Gratuity Act, 1972 requires a co-relation between the exception and the extent of loss or damage suffered by the employer.
Gratuity eligibility requires continuous service, which cannot be claimed during periods of non-work, as evidenced by documentary proof.
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