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2003 Supreme(Guj) 606

H.K.RATHOD
GUJARAT STATE KHADI GRAMODYOG BOARD PENSIONERS ASSOCIATION – Appellant
Versus
GUJARAT STATE KHADI GRAMODYOG BOARD – Respondent


Advocates Appeared: A.D.OZA, D.D.Vyas, M.B.GANDHI

H. K. RATHOD, J.

( 1 ) BEFORE adverting to the facts of the present case, it would be proper to refer to the decision of the Karataka High Court in the matter of YR Shenoy v. Syndicate Bank, reported in 2003 II LLJ page 977, para 11 and 12 as the same are important in view of the facts of the present case. Therefore, the observations made by the Karnataka High COurt in the said decisions are reproduced as under:"11. Re point No. (i): Right to gratuity was the subject matter of various decisions of the Supreme Court. The principle deducted from those decisions can be broadly stated as under:the fundamental principle underlying gratuity is that it is a retirement benefit for long service as a provision for old age. Demands of social security and social justice made it necessary to provide for payment of gratuity. On the enactment of Payment of Gratuity Act, 1972 a statutory liability was cast on the employer to pay gratuity. Pension and gratuity coupled with contributory Provident Fund are well recognized retiral benefits. Pension and gratuity are both retiral benefits ensuring that the workman who has spent his useful span of life in rendering service and who never got a living wage,










































































































































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