Back
ALOK MATHUR
Chief Executive Officer, Uttar Pradesh Khadi And Village Industries Board, Lko. – Appellant
Versus
Controlling Authority Under Payment Of Gratuity Act/Asst. Labour Commissioner, Lko. – Respondent
JUDGMENT :
(Alok Mathur, J.)
1. Heard Sri Pankaj Patel, learned counsel for petitioners as well as learned Standing Counsel for respondents.
2. By means of the present writ petition, the petitioner has challenged the order dated 15.03.2021 passed by the Controlling Authority under the Payment of Gratuity Act, 1972 thereby allowing the claim preferred by respondent and granting gratuity of Rs. 216753/- for a period the husband of the claimant has worked with the petitioner.
3. The brief facts necessary for adjudication of the present case are that the husband of respondent No. 2 late Rama was initially appointed on the post of Master Potter in the Pottery Section in the petitioner's organization by means of order dated 03.12.1982 on consolidated salary of Rs. 325/-per month. It has been stated that services of husband of respondent No. 2 were terminated by order dated 18.08.2000. Subsequently from 26.05.2003 he was re-engaged on salary of Rs. 1500/-per month on the post of Chowkidar/Potter on contractual basis upto 05.11.2013.
4. The dispute in the present case relates to non-payment of the amount of gratuity to the husband of respondent No. 2 in regard to which a claim was filed un
Forfeiture of gratuity under Section 4(6) of the Payment of Gratuity Act, 1972 requires a co-relation between the exception and the extent of loss or damage suffered by the employer.
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 power of remand cannot be read into the expressions 'confirm', 'modify', or 'reverse' in Sec. 7(8) of the Payment of Gratuity Act, 1972. The Appellate Authority should decide appeals on merits ba....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
