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AMIT RAWAL, EASWARAN S.
Kerala State Road Transport Corporation, Represented By Its Managing Director. – Appellant
Versus
State Of Kerala, Represented By The Secretary To Government, Labour & Rehabilitation Department – Respondent
JUDGMENT :
(Easwaran S., J.)
The Kerala State Road Transport Corporation, (for short, ‘the K.S.R.T.C’) has come up with this intra court appeal aggrieved by the Judgment of the learned Single Judge declining to interfere with Ext.P5 order dated 12.05.2015 passed by the Government.
2. The facts in brief for the disposal of the appeal are as follows.
By G.O.(P) No.45/2013/LBR dated 4.4.2013, the Government of Kerala exempted the K.S.R.T.C from the operation of the provisions of the Payment of Gratuity Act. The party respondents, who were employed by the K.S.R.T.C as empanelled conductors, raised a claim under Ext.P2 dated 05.9.2014 before the Government stating that they are entitled to the payment of gratuity for the services rendered by them. In furtherance to the said representation, the employees of the appellant Corporation approached this Court by filing W.P.(C) No.25396 of 2014 and, this Court, by judgment dated 30.09.2014, directed the Government to take a call on the representation submitted by them. By G.O.(MS) No.53/2015/LBR dated 12.05.2015 (Ext.P5), the Government revisited their decision and held that the employees of the K.S.R.T.C would be governed by the provisions of t
The Gratuity Act provides overriding rights for gratuity claims that cannot be denied unless specifically exempted by law, even when alternative welfare benefits exist.
The Payment of Gratuity Act, 1972 overrides contractual agreements, ensuring gratuity eligibility is determined by statutory provisions rather than settlement terms.
Once full amount of gratuity becomes payable to the employee due to the consequences of law, then the right to get statutory interest in terms of Section 7(3A) of the Payment of Gratuity Act, cannot ....
The main legal point established in the judgment is that the Payment of Gratuity Act, 1972 applies to the respondent-Corporation and its employees, and the Act's provisions have an overriding effect ....
Gratuity entitlements exceed statutory limits if stipulated in insurance contracts, and banks are required to comply with contractual obligations under the Payment of Gratuity Act.
The 30-day limitation for setting aside ex-parte orders under the Tamil Nadu Gratuity Rules is directory, allowing for reasonable grounds for delay while prioritizing employee welfare.
Point of law : Daily wage employees employed by the State Government would be entitled to equal pay for equal work that they render under the State Government If a Government servant is entitled to 1....
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