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DELHI HIGH COURT
GAURANG KANTH
Mangt. of D.T.C. – Appellant
Versus
Dharam Pal Singh – Respondent
| Table of Content |
|---|
| 1. eligibility for gratuity payment under the act (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. arguments against jurisdiction of respondent no.2 (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 3. counterarguments supporting respondent no.2's position (Para 17 , 18 , 19 , 20 , 21 , 22) |
| 4. assessment of respondent no.1's gratuity entitlement (Para 23 , 24 , 25 , 26 , 27 , 28) |
| 5. legal basis for determining gratuity under the act (Para 29 , 30 , 31 , 32 , 33 , 34) |
| 6. conclusion on the dismissal of the writ petition (Para 35) |
JUDGMENT
Gaurang Kanth, J. The present Writ Petition emanates from the order dated 09.07.2004 ("Impugned order") passed by Respondent No. 2, i.e, Controlling Authority under the Payment of Gratuity Act, 1972, Office of Assistant Labor Commissioner, Central District Employment Office Bhawan, Pusa Campus, New Delhi in Case No. Gratuity/21/02/CD/1451 titled as Sh. Dharampal Singh, Traffic Supervisor v. M/s Delhi Transport Commissioner.
2. Vide the Impugned order, Respondent No.2 held that Respondent No.1 is entitled to the gratuity as per the Payment of Gratuity Act, 1972 ("the Act"). In view of the same, Respondent No.2 directed the Petitioner to pay Respondent N
Employees are entitled to gratuity per the Payment of Gratuity Act, 1972 despite other internal regulations, unless an exemption is formally established.
The main legal point established in the judgment is the overriding effect of the Payment of Gratuity Act, 1972, over other enactments, and the requirement of continuous service for the payment of gra....
Gratuity under the Payment of Gratuity Act, 1972 must include entire continuous service, including stop-gap employment, unless exempted by the appropriate Government.
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.
Employer cannot withhold gratuity for unauthorized retention of quarters post-retirement; statutory interest of 10% applies for delayed payment.
The Payment of Gratuity Act, 1972 applies to local body employees, overriding inconsistent state provisions, and gratuity is a statutory right, not a charity.
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....
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....
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