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DELHI HIGH COURT
PRATHIBA M.SINGH
Rajesh Bajaj – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. challenge to gratuity claim based on service duration. (Para 2) |
| 2. arguments regarding eligibility and approach to authority. (Para 3 , 4 , 5) |
| 3. writ petition treated as application to controlling authority. (Para 6 , 7) |
| 4. closure and disposal of the writ petition. (Para 8) |
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done in physical Court. Hybrid mode is permitted in cases where permission is being sought from the Court.
2. The present petition has been filed challenging the impugned letter dated 27th September, 2021, which was issued by Respondent No.2- Central Medical Services Society (hereinafter "CMSS"), vide which CMSS claimed that gratuity is not payable to the Petitioner under the Payment of Gratuity Act, 1972 (hereinafter "the Act") as the Petitioner has not completed five years of service since the Act became applicable to CMSS on 27th April 2015. The case of the Petitioner is that he completed 5 years of service with CMSS as General Manager (Logistic & Supply Chain). He joined the CMSS on 13th February, 2014 and was employed with them till 31st March, 2019. Thus, he is entitled to payment of gratuity.
3. Mr. Nigam, ld. counsel for th
The Payment of Gratuity Act mandates that claims for gratuity be addressed first to the Controlling Authority, as it constitutes a complete code for such disputes.
Jurisdictional issues regarding the applicability of the Gratuity Act must be addressed by the Appellate Authority before dismissing an appeal on delay grounds.
The main legal point established in the judgment is the need for the Appellate Authority to adjudicate the issue of jurisdiction raised by the Union of India and the stay of the recovery notice, subj....
Relief need not be denied on technical grounds, and the court may grant an opportunity to produce necessary evidence before the appellate authority.
Liability to pay gratuity under the Payment of Gratuity Act is determined based on the provisions of Section 2(A) read with Section 25-B(2) of the Industrial Disputes Act and relevant judicial preced....
The Payment of Gratuity Act provisions have an overriding effect, and the computation of gratuity should be made in terms of the Act.
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