Employee Can Claim Gratuity "Either" Under 1972 Act Or The Bank Regulations, Not Under Both Statutes : Rajasthan HC
3 years, 1 month ago

Employee Can Claim Gratuity "Either" Under 1972 Act Or The Bank Regulations, Not Under Both Statutes : Rajasthan HC

Live Law  

The Rajasthan High Court has observed that an employee must receive gratuity, either under the Payment Of Gratuity Act 1972 or under the Regulations framed by the bank, whichever is more beneficial. The employee, therefore, can claim gratuity either under the Act of 1972 or under the regulations framed by the bank, but cannot claim the benefit under both the statutes." Facts Rajasthan Gramin Bank had filed a writ petition challenging an order of the Single Judge which had dismissed its plea against the order passed by the Appellate Authority under the Payment of Gratuity Act, 1972, partly confirming the order of the Controlling Authority. Case Title: Rajasthan Marudhara Gramin Bank Jodhpur, Through Its Chairman v. The Appellate Authority Under Payment Of Gratuity Act 1972, And The Deputy Chief Labour Commissioner, Ajmer Citation: 2022 LiveLaw 43 Counsel for Appellant: R.N.

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History of this topic

Gratuity A Legal Right Not Bounty: Rajasthan HC Slaps ₹25K Fine On Engineering Institute For Frivolous Litigation Against Deceased Employee
2 months ago

Gratuity A Legal Right Not Bounty: Rajasthan HC Slaps ₹25K Fine On Engineering Institute For Frivolous Litigation Against Deceased Employee

Live Law  

" Trite it may sound, gratuity is not a bounty but a statutory right and delays in its payment are a serious violation. Petitioner's adamant litigation against a terminally ill employee and now his widow portrays a lack of compassion, which is especially egregious for an educational institution meant to uphold societal values. The Jodhpur bench of the Rajasthan High …

Delayed Payment Of Gratuity, Employer Liable To Pay 10% Interest As Per Central Government Notification : Jharkhand HC
3 months ago

Delayed Payment Of Gratuity, Employer Liable To Pay 10% Interest As Per Central Government Notification : Jharkhand HC

Live Law  

A single judge bench of the Jharkhand High Court comprising of Justice Anubha Rawat Choudhary held that employers are liable to pay interest at 10% rate if they delay in payment of gratuity, as per the notification issued by the Central Government in consonance with Section 7 of the Payment of Gratuity Act, 1972. However, the rate of interest is …

Gratuity Serves As Retirement Benefit Ensuring Immediate Financial Support, Cannot Be Paid In Installments: Kerala High Court
3 months ago

Gratuity Serves As Retirement Benefit Ensuring Immediate Financial Support, Cannot Be Paid In Installments: Kerala High Court

Live Law  

The Kerala High Court bench of Justice Murali Purushothaman held that gratuity could not be paid in instalments as the purpose of gratuity is to serve as a retirement or terminal benefit ensuring immediate financial support to the employees or their dependents. “The law does not provide for payment of gratuity in installments as the purpose of gratuity is to …

Workman Entitled To Payment Of Gratuity If He Proves Continuous Service Even After Declaration Of Formal Retirement: Calcutta High Court
10 months, 2 weeks ago

Workman Entitled To Payment Of Gratuity If He Proves Continuous Service Even After Declaration Of Formal Retirement: Calcutta High Court

Live Law  

The Calcutta High Court single bench of Justice Arindam Mukherjee held that the was entitled to gratuity for his continued service even after the declaration of formal retirement. This decision was accepted by the Workman without challenge, despite the exclusion of gratuity from 18th October 1968-24th June 1978 and 7th July 2006-15th July 2012. On June 9, 2023, the Appellate …

Illegal To Withhold Employee's Pension, Gratuity Particularly When Already Enrolled In An Old Pension Scheme: Rajasthan High Court
1 year, 4 months ago

Illegal To Withhold Employee's Pension, Gratuity Particularly When Already Enrolled In An Old Pension Scheme: Rajasthan High Court

Live Law  

The Rajasthan High Court recently directed a Municipal Corporation to release an employee's pension and gratuity payments holding that withholding such benefits was illegal, unjust and arbitrary. Justice Anoop Kumar Dhand added that the Corporation asking him to choose between the New Pension Scheme and Old Pension Scheme, given the petitioner's prior enrolment in the Old Pension Scheme was. Justice …

Forfeiture Of Gratuity Not Automatic On Dismissal From Service, Show Cause Notice To Affected Party Must: Chhattisgarh High Court
2 years, 4 months ago

Forfeiture Of Gratuity Not Automatic On Dismissal From Service, Show Cause Notice To Affected Party Must: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court has held that in terms of Payment of Gratuity Act, 1972, forfeiture of gratuity is not automatic on dismissal from service. While the Bank conceded that Petitioner is entitled to get provident fund subject to submission of form before the appropriate office, it refused to release gratuity and leave encashment. The bank cited Regulation 72 of …

Forfeiting Gratuity A Yr After Compulsory Retirement An Afterthought: Gujarat HC Orders Payment To Ex-Employee Accused Of Causing Monetary Loss To Bank
2 years, 9 months ago

Forfeiting Gratuity A Yr After Compulsory Retirement An Afterthought: Gujarat HC Orders Payment To Ex-Employee Accused Of Causing Monetary Loss To Bank

Live Law  

The Gujarat High Court recently came to the rescue of a retired Branch Manager, accused by the employer-bank of causing it monetary loss by haphazardly sanctioning loans, and ordered the latter to clear the former's retiral dues.Justice Biren Vaishnav observed that the order forfeiting the Respondent-employee's gratuity was an "afterthought" as the same was issued only after the penalty. The …

Section 4(5) Of Gratuity Act Applies Only When There Are Options For The Employee Under The Act & Under Contract With Employer : SC
4 years, 10 months ago

Section 4(5) Of Gratuity Act Applies Only When There Are Options For The Employee Under The Act & Under Contract With Employer : SC

Live Law  

In a notable judgment in the field of gratuity law, the Supreme Court held that Section 4 of the Payment of Gratuity Act, 1972 will apply only when there are alternative options for the employee under the Act and under the terms of contract with the employee.The Court also held that the employee must taken either of the packages completely, …

Gratuity Can't Be Forfeited Unless Termination Order Is Issued: Reiterates Bombay HC [Read Judgment]
5 years, 7 months ago

Gratuity Can't Be Forfeited Unless Termination Order Is Issued: Reiterates Bombay HC [Read Judgment]

Live Law  

Directing the employer to pay gratuity to an employee, the Bombay High Court has reiterated that gratuity of an employee cannot be forfeited under Section 4 of the Payment of Gratuity Act, 1972, unless his services were terminated. This notice was stayed by an order of the high court, directing the Respondent to maintain status quo of the Petitioner's employment. …

Income Tax Exemption To Gratuity Enhanced Up To Rs 20 Lakhs
6 years ago

Income Tax Exemption To Gratuity Enhanced Up To Rs 20 Lakhs

Live Law  

Ministry of Finance has enhanced the income tax exemption for gratuity under section 10 of the Income Tax Act, 1961 to Rs. Shri Santosh Kumar Gangwar, Minister of State for Labour and Employment has expressed hope that this would benefit those employees of PSUs and other employees not covered by Payment of Gratuity Act, 1972 and has thanked the Finance …

Gratuity Is A Constitutional Right That Can’t Be Taken Away From Employee: Chhattisgarh HC [Read Judgment]
7 years, 11 months ago

Gratuity Is A Constitutional Right That Can’t Be Taken Away From Employee: Chhattisgarh HC [Read Judgment]

Live Law  

Gratuity is a property within the meaning of Article 300-A of the Constitution of India, the Bench said.The Chhattisgarh High Court has held that gratuity is a property within the meaning of Article 300-A of the Constitution of India and as such, it is a constitutional right which cannot be taken away except by the authority of law.A bench comprising …

Gratuity Is A Constitutional Right That Can’t Be Taken Away From Employee: Chhattisgarh HC [Read Judgment]
7 years, 11 months ago

Gratuity Is A Constitutional Right That Can’t Be Taken Away From Employee: Chhattisgarh HC [Read Judgment]

Live Law  

Gratuity is a property within the meaning of Article 300-A of the Constitution of India, the Bench said.The Chhattisgarh High Court has held that gratuity is a property within the meaning of Article 300-A of the Constitution of India and as such, it is a constitutional right which cannot be taken away except by the authority of law.A bench comprising …

‘Pension cannot be denied without authority by law’
11 years, 6 months ago

‘Pension cannot be denied without authority by law’

Hindustan Times  

Treating a citizen's right to receive pension and gratuity as right to property, the Supreme Court has ruled that no government employee can be deprived of this right even if departmental or criminal proceedings are pending against him. "This right to property cannot be taken away without the due process of law as per the provisions of Article 300 A …

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