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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M.K. THAKKER
Chetan Biharilal Jani – Appellant
Versus
GCS Medical College Hospital and Research Centre – Respondent
| Table of Content |
|---|
| 1. petitioner worked as professor (Para 4 , 5 , 6) |
| 2. petitioner claims special allowance (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. exclusion of special allowance (Para 14 , 15) |
| 4. petition partly allowed (Para 16 , 17) |
JUDGMENT :
1. Rule, returnable forthwith. Learning advocates for the respective parties waive service of notice of Rule. With the consent of all parties matter was heard finally.
2. Question arises for consideration before this court in the present petition is whether special allowances can be included while considering the amount of gratuity for the petitioner employee?
3. Facts need for answer to the above question is as under:
3.1. Petitioner, herein, was working with the respondent-Institute as a Professor of Forensic Medicine from 02.02.2011 with a consolidated salary of Rs.1,00,000/- per month as per Rules of the respondent Institute. On satisfactory completion of one year probation period, respondent institute issued the ofÏce order dated 02.02.2012 confirming the service of the petitioner. The petitioner was granted an annual increment as well as a revision of the pay scale from time to time, and lastly, he was paid monthly salary of Rs.4,10,562/- by t
Special allowances are excluded from gratuity calculations under the Payment of Gratuity Act, 1972, as per its statutory definition of wages.
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 ....
Gratuity under the Payment of Gratuity Act, 1972 must include entire continuous service, including stop-gap employment, unless exempted by the appropriate Government.
The definition of 'wages' under the Payment of Gratuity Act excludes variable pay; thus, it cannot be included in gratuity calculations.
The right to interest on delayed gratuity payments is statutory and mandatory under Section 7(3-A) of 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....
The main legal point established in the judgment is that the Payment of Gratuity Act, 1972 applies to all employees, including daily wage employees, and entitles them to gratuity for their entire ser....
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