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HARSH BUNGER
Punjab Agricultural University, Ludhiana – Appellant
Versus
Sukhjeet Kaur – Respondent
JUDGMENT
Mr. Harsh Bunger, J.
Petitioners-Punjab Agricultural University, Ludhiana and others have filed the instant writ petition under Articles 226/227 of the Constitution of India seeking writ in the nature of Certiorari for quashing an order dated 13.12.2016 (Annexure P-5) passed by the Controlling Authority under the Payment of Gratuity Act,1972 as well as order dated 12.12.2017 (Annexure P-6) passed by the Appellate Authority under the Payment of Gratuity Act, 1972.
2. Briefly, respondent No.1 (Sukhjeet Kaur) filed an application (Annexure P-3) before the Controlling Authority under the Payment of Gratuity Act, 1972 seeking a direction to the petitioners-University to pay gratuity to her. As per respondent No.1 (Sukhjeet Kaur), she was an employee of the Punjab Agricultural University, Ludhiana and she retired from service on 31.07.2014 after completion of 35 years, 6 months and 13 days of continuous service. She claimed that she joined the University as daily paid worker on 19.01.1979 up to 06.05.1980 and thereafter, she worked as Sports Attendant up to 31.07.2014. Respondent No.1 claimed that she was not paid full gratuity as per her due entitlement and she was paid gratuity
Gratuity under the Payment of Gratuity Act, 1972 must include entire continuous service, including stop-gap employment, unless exempted by the appropriate Government.
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 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 entire duration of an employee's service is considered for Gratuity entitlements, and non-deposit of awarded Gratuity prevents appellants from successfully appealing against such claims.
Employer cannot withhold gratuity for unauthorized retention of quarters post-retirement; statutory interest of 10% applies for delayed payment.
The right to interest on delayed gratuity payments is statutory and mandatory under Section 7(3-A) of the Payment of Gratuity Act, 1972.
The right to interest on delayed gratuity payments is statutory and mandatory under Section 7(3-A) of the Payment of Gratuity Act, 1972.
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