Back
ARINDAM LODH
Kirit Bhattacharjee – Appellant
Versus
State of Tripura – Respondent
| Table of Content |
|---|
| 1. gratuity payment ceilings under law. (Para 3 , 8 , 9 , 10 , 11) |
| 2. cites previous ruling supporting gratuity claim. (Para 4) |
| 3. petition granted based on prior judgment. (Para 6) |
JUDGMENT
1. Heard Ms. A. Debbarma, learned counsel appearing for the petitioner. Also heard Mr. R. Saha, learned counsel appearing for the State-respondents and Mr. B.S.Bhowmik, learned counsel appearing for the respondents-Tripura Handloom and Handicrafts Development Corporation Ltd.
2. By way of filing the present writ petition, the petitioner has prayed for the following reliefs:-
'Under the circumstances stated above, it is submitted, that the Hon'ble High Court would be kind enough to:-
(I) Issue rule upon the Respondents to show cause as to why a writ in the nature of Mandamus and/or order/orders/and/or direction/directions of like nature shall not be issued whereby directing the Respondents to make the full and final payment of Gratuity (Rs.10,00,000/-) with interest @ 9% per annum to the petitioner, w.e.f. the date of payment after adjusting lump sum amount of Rs.10,00,000/-.
(II) Make rules absolute.
(III) Call for records.
(VII) Pass any further order/orders as this Hon'ble High Court co
The revised ceiling limit of gratuity under the Payment of Gratuity Act applies universally, entitling employees to claim benefits irrespective of their employer's governance.
The revised gratuity ceiling of Rs.20,00,000 under the Payment of Gratuity Act applies to all establishments, regardless of whether controlled by State or Central Government.
Employees are entitled to gratuity payments as per revised ceiling limits established by the Payment of Gratuity (Amendment) Act, 2018, regardless of employers' financial constraints.
Central legislation on gratuity limits prevails over state rules. The state must align its rules with central amendments to avoid conflict and ensure uniformity in employee benefits.
The court affirmed the applicability of revised gratuity limits as per the Central Government notification and ruled that financial constraints do not exempt employers from timely payment of gratuity....
State government employees are excluded from the Payment of Gratuity Act, and their gratuity entitlement is regulated by separate Pension Rules, confirming a ceiling limit of Rs. 4 lakh.
The amendment of the Payment of Gratuity Act to increase the ceiling limit entitles retired employees to receive additional gratuity payments under the updated provisions.
The Payment of Gratuity Act, 1972 overrides other rules, ensuring employees receive most favorable Gratuity benefits.
Payment of gratuity capped by statutory limits cannot be overridden by administrative directives; interest claims on delayed payments are unsupported when full settlement acknowledged.
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
