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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
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 Authority under the Payment of GRATUITY ACT , 1972 directing the present petitioner to include the variable pay for the purpose of calculation of gratuity with 10% simple interest.
4. The case of the present petitioner is that they are engaged in the printing and publication of newspapers across the length and breadth of the country, with several industrial establishments located nationwide, including one at Ahmedabad. The respondent was employed as a VDT Operator since 19.06.1979 and, upon completion of 35 years of qua
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....
The Gratuity Act provides overriding rights for gratuity claims that cannot be denied unless specifically exempted by law, even when alternative welfare benefits exist.
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