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IN THE HIGH COURT FOR THE STATE OF TELANGANA
ABHINAND KUMAR SHAVILI, LAXMI NARAYANA ALISHETTY, JJ
General Manager, South Central railway, Railnilayam, Secunderabad – Appellant
Versus
Asst.Labour Commissioner (Central), Hyderabad & Controlling Authority under the Payment of Gratuity of 1972 – Respondent
| Table of Content |
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| 1. background on the writ appeals and petitions regarding gratuity payments. (Para 1130) |
JUDGMENT :
W.A.Nos.1130, 1141 and 1181 of 2016 are filed by the appellants-Railways aggrieved by the common dated 26.07.2016 passed by single Judge of this Court in W.P.Nos.21535, 17925, and 17562 of 2016, respectively. Writ Petition Nos.46004 of 2016, 10983 of 2018, 5564 of 2020, 30041 and 30045 of 2023 are filed by the employees aggrieved by the common order dated 20.01.2020 in O.A.No.912 of 2018, 134 and 468 of 2019 passed by the Central Administrative Tribunal, Hyderabad Bench, Hyderabad (for short, ‘Tribunal’).
3. Heard Ms. L.Pranathi Reddy, learned senior Standing Counsel for appellants in W.A.Nos.1130, 1141 and 1181 of 2016; learned Dy.Solicitor General of India appearing for respondent No.1 in all writ appeals; Sri MPVNV Sastry, learned counsel for respondent No.2 in W.A.No.1130 of 2016; Smt S.Siva Kumari, learned counsel for respondent No.2 in WA Nos.1141 and 1181 of 2016.
W.A.Nos.1130, 1141 and 1181 of 2016:
5.1. The 2nd respondent was appointed on 13.10.1978 as Ticket Collector and retired from service on 31.12.2013 as Chief Ticket Inspector in appellant-Railways on attain
Railway employees are exempt from the Payment of Gratuity Act, 1972, as per amendments and judicial interpretations, affirming that Railway Service (Pension) Rules govern their gratuity rights.
The main legal point established in the judgment is that the Payment of Gratuity Act, 1972 applies to all employees, including daily wage employees, and entitles them to gratuity for their entire ser....
The main legal point established in the judgment is the need for the Appellate Authority to adjudicate the issue of jurisdiction raised by the Union of India and the stay of the recovery notice, subj....
Point of Law : If in the opinion of the appropriate Government, the employees of such establishments are in receipt of gratuity or pensionery benefits not less favourable than the benefits conferred ....
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 applies to local body employees, overriding inconsistent state provisions, and gratuity is a statutory right, not a charity.
Retirement gratuity is a statutory right under the Payment of Gratuity Act, and exemptions from the Act cannot apply retrospectively to negatively impact employees' entitlements.
The main legal point established in the judgment is that the entitlement to gratuity under a specific regulation and a general act was determined based on the fulfillment of conditions of eligibility....
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