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HIGH COURT OF UTTARAKHAND
Ashish Naithani, J
Shri Ramesh Wangnoo – Appellant
Versus
General Manager (finance) & Trustee Denso India Limited Employees Group Gratuity Fund Scheme C/O Denso India Private Limited – Respondent
| Table of Content |
|---|
| 1. petition challenging previous labor commissioner's decision. (Para 1 , 2 , 3) |
| 2. core argument revolves around inclusion of salary components. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 3. responses defending exclusion based on payment nature. (Para 10 , 11 , 12 , 13 , 14) |
| 4. respondent's counterarguments about flexibility of pay structure. (Para 15 , 16 , 17 , 18 , 19) |
| 5. court defines jurisdiction and statutory basis for decision. (Para 20 , 22 , 23 , 24 , 26 , 27 , 28 , 29 , 30) |
Hon’ble Ashish Naithani, J.
1. The present writ petition under Article 227 of the Constitution of India has been filed by the Petitioner challenging the judgment dated 26.10.2017 passed by the Deputy Chief Labour Commissioner (Central), Dehradun, whereby the order dated 12.03.2017 passed by the Assistant Labour Commissioner (Central), Dehradun in Case No. D-36(13)/2015-ALC has been set aside.
2. In the present case, the petitioner had retired from Denso India Limited and, upon calculating his gratuity, found that certain components of his salary, specifically Flexi Pay and Grade Pay (also referred to as
1 performance-linked pay), were not included in the calculation of his gratuity. Aggrieved, he approached
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