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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M.K.Thakker
Indian Express (P) Limited – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. details of petitioner and claim (Para 4) |
| 2. petitioner's argument regarding variable pay exclusion (Para 6) |
| 3. respondent's argument for inclusion of variable pay (Para 7) |
| 4. court's observations on gratuity act administration (Para 8 , 9) |
| 5. core question on variable pay inclusion (Para 10) |
| 6. interpretation of wages under gratuity act (Para 11) |
| 7. legal precedents and interpretative principles (Para 12 , 13) |
| 8. court decision on variable pay inclusion (Para 14) |
| 9. final orders issued by court (Para 15) |
JUDGMENT :
M. K. Thakker, J.
1. Rule returnable forthwith. Learned advocate Mr.Bhuvnesh Gahlot waives service of Rule on behalf of the respondent No.4. Learned AGP Ms.Bhati waives service of Rule on behalf of the respondent-State.
2. Since the issue raised in the these petitions are similar, they are being decided by a common judgment. Facts of Special Civil Application No.17409 of 2022 is taken for consideration of the disposal of these petitions.
3. This petition is filed under Article 226 and 227 of the Constitution of India challenging the order dated 17.03.2021 passed by the learned Controlling Authority and the order dated 31.05.2022 passed by the learned Appellate Auth
The definition of 'wages' under the Payment of Gratuity Act excludes variable pay; thus, it cannot be included in gratuity calculations.
Gratuity must be based exclusively on actual wages drawn by an employee as defined in the Gratuity Act, without statutory provision for minimum wage adjustments.
Special allowances are excluded from gratuity calculations under the Payment of Gratuity Act, 1972, as per its statutory definition of wages.
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....
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....
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