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HIGH COURT OF GUJARAT
M.K. THAKKER
Saurashtra Chemicals – Appellant
Versus
Anil Dayalal Devani – Respondent
JUDGMENT :
(M. K. THAKKER, J.)
1. Rule returnable forthwith. Learned advocate Mr. Pandya waives service of rule on behalf of the respondent No.1 and learned AGP Mr. Bhati waives service of rule on behalf of the respondent No.2.
2. This petition is filed under Article 227 of the Constitution of India challenging the order passed by the learned Appellate Authority under the Payment of Gratuity Act, 1972 dated 27.01.2025 in Gratuity Appeal No.123 of 2024 by which the order passed by the learned Controlling Authority in Gratuity Case No.8 of 2024 was affirmed and the petitioners were directed to pay the sum of Rs.9,44,717/- within a period of 30 days along with simple interest at the rate of 10% per annum on aforesaid amount.
3. The case of the present petitioner is that the petitioner No.1 is a division of petitioner No.2 and respondent No.1 is a Doctor by profession, at whose behest the proceeding under Section 7 of the Payment of Gratuity Act,1972 was initiated. It is claimed by the respondent No.1 that he was engaged by erstwhile Saurashtra Chemicals ie. petitioner No.1 to provide the honorary service for the well-being of the workers and respective families and was paid honorarium to
The employer has a statutory obligation to determine and pay gratuity regardless of application delays, and the nature of payment does not negate entitlement if service meets statutory criteria.
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....
Gratuity under the Payment of Gratuity Act, 1972 must include entire continuous service, including stop-gap employment, unless exempted by the appropriate Government.
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 entitlement under the Payment of Gratuity Act depends on the interpretation of 'continuous service', applicable to contractual employees.
Employer's failure to issue Section 7(2) notice renders limitation inapplicable to delayed gratuity claims; special allowance includibility in wages demands factual probe; interest accrues on unpaid ....
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