Plea of pre-existing dispute must co-relate with amount claimed by Operational Creditor: NCLAT
National Company Law Appellate Tribunal | Allowing the appeal as the impugned order is contrary to law, the bench comprising of Rakesh
gratuity
UP Housing and Development Board’s function does not include fixing its employees’ service conditions; SC modifies 2014’s Preetam Singh verdict
On 10.02.2020, a division bench had come to the conclusion that the view taken by this Court in Preetam Singh’s case needs reconsideration after it prima facie found that the functions of the Board contemplated under Section 15 of the 1965 Act were wide enough even to cover the act of fixing service conditions of its employees. Hence, the matter was referred to a larger bench.
Non-payment of full provident fund and gratuity violative of S. 30(2)(e) IBC; NCLAT directs Jet Airways to make payments
National Company Law Appellate Tribunal, Delhi: In a batch of appeals filed challenging order dated 22-06-2021 passed by the National
Supreme Court holds private school teachers entitled to gratuity; upholds Constitutional validity of Payment of Gratuity (Amendment) Act, 2009
“When the legislature acts within its power to usher in a valid law and rectify a legal error, even after a court ruling, the legislature exercises its constitutional power to enact the law and does not overrule an earlier court decision.”
Tri HC | Employer harassing employee by not releasing gratuity and leave encashment; Appeal allowed
Tripura High Court: Arindam Lodh, J. while noting that there were no legitimate grounds to deny the employee of gratuity and other
Cal HC | On failure of State’s duty to disburse the gratuity and pension amount on the due date, interest is obligatory
Calcutta High Court: Amrita Sinha, J. disposed of a petition which was filed by an Assistant Teacher who retired from service on
Can employer recover excess increment granted on account of error after 10 years of retirement of the employee? Supreme Court decides
Supreme Court: Reversing the concurrent findings of the Single Judge and Division Bench of Kerala High Court, the Bench of S. Abdul
If there is a delay in payment of gratuity, whether interest on delayed gratuity will be mandatory or discretionary? Guj HC decides
Gujarat High Court: Biren Vaishnav, J., reiterated that, interest on delayed payment of gratuity is mandatory and not discretionary. The petitioner had
MP HC | Illicit deduction of amount from the retiral dues; Directions issued to refund the amount
Madhya Pradesh High Court: Sushrut Arvind Dharmadhikari, J. allowed a writ petition which was filed assailing the legality, validity and propriety of
Anganwadi Workers/Helpers entitled to payment of gratuity; ‘Time to take serious note of their plight’: Supreme Court
Supreme Court: In a detailed judgment stressing on the importance of the work done by the Anganwadi workers/helpers at the grassroot level,
Can employee claim Death-cum-Retirement Gratuity where a criminal appeal in corruption case is pending against him and sentence is suspended? SC answers
Supreme Court: In an interesting case where the Division Bench of Sanjay Kishan Kaul* and M.M. Sundresh, JJ., was to answer whether
How is compensation for termination of services to be assessed in absence of applicability of special statute? Court decides in a case of termination of Law Officer’s services
Saket Courts, New Delhi: Naresh Kumar Laka, Additional District Judge – 03 decided a matter wherein an employee claimed full back wages
Utt HC | State directed to release the arrears of the deceased-in harness in the favour of the family along with interest
Uttaranchal High Court: The Division Bench of Raghvendra Singh Chauhan, CJ. and Sanjaya Kumar Mishra, J., allowed a petition which was filed
Payment of Gratuity Act | Whether 2010 amendment in Gratuity Act contemplating Rs 10 lakhs as amount of gratuity would have retrospective effect?
Supreme Court: The Division Bench of Hemant Gupta and A.S. Bopanna, JJ., addressed whether the 2010 amendment of Payment of Gratuity Act
Tri HC | Court rejects post-retiral benefits of pension and gratuity on false claim of being a reserved category candidate; however, salary already paid not a subject of recovery
Tripura High Court: Akil Kureshi, CJ., dismissed a writ petition which was filed aggrieved about non-payment of gratuity and pension after retirement.
Gratuity Dilemma vis-à-vis Liquidation Process under the IB Code
by Akaant Kumar Mittal† and Lavanya Jha††
Cite as: 2021 SCC OnLine Blog Exp 51
Penal rent can be levied & adjusted against the dues payable including gratuity if an employee occupies a quarter beyond the specified period: SC
The observation came in a case where a SAIL employee had retained a quarter after his retirement due to non-payment of retiral benefits.
NCLT | Whether Resolution Professional is under obligation to make over payment of shortfall in gratuity payable to employees? NCLT examines
National Company Law Tribunal (NCLT): The Coram of Dr Deepti Mukesh (Judicial Member) and Sumita Purkayastha (Technical Member), reiterated that any shortfall in
All HC | Excess payment cannot be recovered from gratuity of pensioner; U.P. Govt. directed to release forfeited gratuity with interest
Allahabad High Court: While deciding the petition in favour of the petitioner, Manish Kumar, J., prohibited the U.P. Government from adjusting the
Employee can be dismissed even after attaining the age of superannuation as per the Conduct, Discipline and Appeal Rules, 1978 : SC in a 2:1 verdict
Supreme Court: In a 2:1 verdict, the 3-judge bench of Arun Mishra, MR Shah and Ajay Rastogi, JJ has held that the