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IN THE HIGH COURT AT CALCUTTA
ARINDAM MUKHEREJEE
WPA 29089 of 2023 – Appellant
Versus
Durga Mahato – Respondent
JUDGMENT :
ARINDAM MUKHEREJEE, J.
The petitioner has challenged the order passed by the Appellate Authority under the Payment of Gratuity Act, 1972 (hereinafter referred to as the said Act) as also the Deputy Chief Labour Commissioner (Central) Asansol, West Bengal dated 23rd September, 2023. By the order impugned, the Appellate Authority has allowed the appeal by setting aside the order of the Controlling Authority under the said Act dated 6th December, 2021 and has further held that the appellant/workman is entitled to gratuity from the writ petitioner.
Facts of the Case:
1. Durga Mahato, the respondent no. 1 as the employee filed an application under Rule 10(1) of the Payment of Gratuity (Central) Rules, 1972 (hereinafter referred to as the said Rules) on 26th November, 2014 impleading the General Manager SAIL Growth Works, Kulti as the principal respondent. SAIL Growth Works is the petitioner in the instant writ petition and has been alleged to be the employer of the respondent no. 1. The Controlling Authority and the Appellate Authority are respectively, the respondent no. 2 and 3 in the writ petition.
The employee (Respondent no. 1) in his application has alleged the following :
(
The court emphasized that without a clear employer-employee relationship, liability for gratuity payments cannot be placed upon the principal employer, especially in cases involving contractors.
The court affirmed that the controlling authority can determine the employer-employee relationship for gratuity claims, establishing that IIT Bombay was liable for gratuity payments to contract emplo....
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....
The Payment of Gratuity Act allows claims for both statutory and contractual gratuity to be adjudicated under the same authority, ensuring employee rights are protected.
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.
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....
Retainer performing managerial duties qualifies as employee under Gratuity Act; State authority competent for single-location posting despite multi-state branches, emphasizing dominant work nature ov....
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