gratuity Archives

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,

Case Briefs Supreme Court

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

Case Briefs District Court

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

Case Briefs High Courts

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

Case Briefs Supreme Court

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

Case Briefs High Courts

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.

Akaant Mittal Experts Corner

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

Case Briefs Supreme Court

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.

Case Briefs Tribunals/Commissions/Regulatory Bodies

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

Case Briefs High Courts

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

Case Briefs Supreme Court

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

Case Briefs High Courts

Jhar HC | Retiral benefits are not bounty to be given to employees; rather, it is right of employees to get retiral benefits

Jharkhand High Court: Dr S.N. Pathak, J., allowed the present petition, directing the respondents to make payment of the entire retiral benefits

Case Briefs Supreme Court

Payment of Gratuity Act applies to employees of the local bodies

Supreme Court: In the case where the employees of Municipal Corporation governed by the Uttar Pradesh Municipal Corporation Act, 1959 claimed gratuity

Legislation Updates Notifications

Income tax exemption for gratuity enhanced Up to Rs 20 lakhs

Ministry of Finance has enhanced the income tax exemption for gratuity under Section 10 (10) (iii) of the Income Tax Act, 1961

Case Briefs High Courts

Pat HC | Employer cannot withhold gratuity of an employee who has already been punished in departmental enquiry and has no proceeding pending against him

Patna High Court: The Division Bench comprising of A. P. Sahi, CJ and Anjana Mishra, J. allowed a civil writ petition seeking

Case Briefs High Courts

Section 4(6) of Payment of Gratuity Act does not contemplate conviction as a condition precedent for forfeiting gratuity

Bombay High Court: A Single Judge Bench comprising of S.C. Gupte, J. dismissed a writ petition which was filed challenging the forfeiture

Case Briefs High Courts

Government entitled to withhold leave encashment of an employee pending criminal or departmental proceedings

Patna High Court: The Division Bench comprising of Rajendra Menon, CJ, and Ravi Ranjan J., held in a challenge made by the

Case Briefs High Courts

Only requisite for payment of gratuity, even upon death, is completion of 10 years of service, not attainment of 60 years of age

Allahabad High Court: The Single Judge Bench comprising of Ashwani Kumar Mishra, J. decided a writ petition for the sanction of gratuity

Hot Off The Press News

Govt notifies maximum maternity leave of 26 weeks for Gratuity

Vide notification dated 29th March, 2018, the Central Government has specified for the purposes of clause (iv) of the Explanation to sub-section

Case Briefs High Courts

Delay in payment of gratuity, entitled to get interest on that delay

Calcutta High Court: The petition has been filed by the primary school assistant teacher asking for interest on the gratuity amount which