Gratuity Case Laws - 2011

Provisions in relation to gratuity of working journalists Act will prevail over the provisions of the Payment of Gratuity Act.
P. rajan Sandhi vs. Union of India & Anr. 2011 LLR 426 (S.C.)

When employee is allowed to retire, his gratuity can't be forfeited merely beacuse criminal proceedings were pending against him.
New India Assurance Co. Ltd. vs. Ashwin Chimanlal Sheth & 2 Ors. 2011 LLR 66 (Guj. HC)

The person on fixed term employment when worked for more than 5 years because his contract was extended from time to time, will be entitled for gratuity. amount cannot be forfeited.
Vinod vs. State of Maharashtra and others. 2011 (128) FLR 618 (Bom. HC)

Once the authority passed order under Gratuity Act, recovery against employer is bound to be effected.
Jehangir Textile Mills vs. Sahebsingh Chotesingh and Another. 2011 LLR 265 (Guj. HC)

When the employee was re-employed as fresh badli worker, he will only be entitled to gratuity for the period from the date of his re-employment till the last date of working.
Phoenix Mills Ltd., Mumbai vs. Manohar Arjun Rasal. 2011 LLR 382 (Bom. HC)

In the absence of any domestic enquiry and order under sec. 4 (6)(a) and (b) of the Payment of Gratuity Act, forfeiture of gratuity would be illegal.
Maharashtra State Road Transport Corporation, Mumbai vs. Maruti Ramchandra Mastud. 2011 LLR 397 (Bom. HC)

Allowing 15% compound interest for delay in making payment of gratuity by employer is proper.
Hindustan Steel Works Construction Ltd. vs. Suresh Kumar Chetal and Others. 2011 (128) FLR 745 (Chhattisgarh HC)

Payment of Gratuity Act is applicable on library. High Court can't direct the authority under the Act to extend the period of limitation beyond provided under the Act.
Administrative Officer, T.M.S.S.M. Library and Research Centre, Thanjavur vs. Appellate Authority Under Payment of Gratuity Act (The From The Court Room Important Labour Judgments 2011 Indravadan N. Adhvaryu vs. Laxminarayan Dev Trust (through Chief Executive Kothari). 2011 LLR 261 (Guj. HC)

Temporary driver engaged against regular post, who continued for years together, got all benefits, will not be entitled to any relief under ID Act when terminated, as such termination would fall under under 2(oo)(bb) of ID Act.
1. State of Maharashtra, through District Civil Surgeon, 2. Deputy Director of Health Services vs. Mehboobkhan S/o Rasool Khan Pathan. 2011 LLR 750 (Bom. HC)
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