Back
RAJA BASU CHOWDHURY
K. B. Motors Private Limited – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Raja Basu Chowdhury, J:
1. The present writ application has been filed, inter alia, challenging the order dated 13th April, 2022, passed by the Controlling Authority under the Payment of Gratuity Act, 1972 (hereinafter referred to as the “said Act”), as also the order dated 15th April, 2023, passed by the Appellate Authority as provided for under the said Act.
2. The petitioner claims that the husband of the respondent no. 4 was an employee of the petitioner. Unfortunately, by reasons of financial irregularities, the respondent no. 4 was terminated from service on 31st July, 2012. Subsequently, on 23rd August, 2012, a complaint was lodged with the local police station which was treated as FIR dated 23rd August, 2012. In the said FIR, along with the respondent no.4’s husband, four other persons had been named. The complaint based on which the aforesaid FIR was lodged has, however, not been made part of the writ application. The same has also not been disclosed during the hearing.
3. The husband of the respondent no. 4 (hereinafter referred to as the “deceased employee”) died on 14th March, 2014. Subsequent to his death, the respondent no. 4, in her capacity as the nominee of
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.
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 ....
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.
Gratuity is a statutory entitlement not subject to withholding after superannuation absent explicit legal grounds for forfeiture, emphasizing employee protection under the Act.
The main legal point established in the judgment is that the provisions of sub-section (6) of Section 4 of the Payment of Gratuity Act, 1972 do not permit inclusion of circumstances relating to the i....
Employer cannot withhold gratuity for unauthorized retention of quarters post-retirement; statutory interest of 10% applies for delayed payment.
The right to appeal under section 7(7) of the Payment of Gratuity Act, 1972 is a statutory right that cannot be taken away by the failure to serve notice in Form 'R'.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
