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HARSH BUNGER
Chander Shekhar Sharma – Appellant
Versus
Additional Labour Commissioner-Cum-Appellate Authority – Respondent
| Table of Content |
|---|
| 1. petitioner's employment and resignation details. (Para 1 , 2) |
| 2. claim for gratuity under the act. (Para 3 , 4) |
| 3. controlling authority's decision. (Para 5 , 6) |
| 4. arguments against the appellate authority's decisions. (Para 10 , 11) |
| 5. observations on application period and employer's duty. (Para 14 , 20) |
| 6. restoration of controlling authority's order. (Para 19 , 28) |
JUDGMENT
Mr. Harsh Bunger, J.
Petitioner (Chander Shekhar Sharma) has filed this petition under Articles 226/227 of the Constitution of India praying for a writ in the nature of certiorari, mandamus or any other writ, order or direction to quash the impugned order dated 18.03.1991 (Annexure P-2) passed by respondent No.1 (Appellate Authority under the Payment of Gratuity Act) whereby the appeal filed by respondent No.3 (M/s J.C.T. Electronics Ltd.) against the order dated 31.01.1990 (Annexure P-1) passed by respondent No. 2.(Controlling Authority under the Payment of Gratuity Act), was allowed and the petitioner was held not entitled to gratuity.
It is noted that vide order dated 31.01.1990 (Annexure P-1) passed by respondent No. 2 (Controlling Authority), an application filed by the petitioner for payme
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 availability of an alternate and efficacious remedy under the statutory provisions and the non-mandatory nature of the requirement of filing a written application for gratuity under Rule 7 of the....
Gratuity under the Payment of Gratuity Act, 1972 must include entire continuous service, including stop-gap employment, unless exempted by the appropriate Government.
Employer cannot withhold gratuity for unauthorized retention of quarters post-retirement; statutory interest of 10% applies for delayed payment.
The main legal point established in the judgment is the interpretation of the statutory provisions under Section 7 of the Payment of Gratuity Act, 1972, and the legal principles related to the issuan....
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 ....
The Payment of Gratuity Act allows claims for both statutory and contractual gratuity to be adjudicated under the same authority, ensuring employee rights are protected.
Gratuity is a statutory entitlement not subject to withholding after superannuation absent explicit legal grounds for forfeiture, emphasizing employee protection under the Act.
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