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
gratuity
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
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
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
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
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
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