Payment of Gratuity Act, 1972, Section 2(e)(as -- Employee - Teachers were brought within purview of `employee' as defined u/s 2(e) of the Act by Amending Act of 2009 with retrospective effect from 03.04.1997 and teachers thus, entitled to claim amount of gratuity under the Act from their employer - Respondent No.4 thus, entitled to gratuity from his employer/appellant..........
Service -- Misconduct - Punishment - Addition of new ground i.e `break in service' by way of punishment in Clause 16 of Chapter of Punishment in Certified Standing Orders - Permissibility - Permission rightly denied by Division Bench for the following reasons: (i) existing grounds enumerated in Clause 16 are sufficient to take care of any misconduct committed by any..........
Motor Vehicles Act, 1988, Section 166 -- Fatal accident - Compensation - Deductions - Cannot be allowed from amount of compensation either on account of insurance, or on account of pensionary benefits or gratuity or grant of employment to a kin of deceased, as all these amounts are earned by deceased on account of contractual relations entered into by him with others - It..........
Payment of Gratuity Act, 1972, Section 4(5), (6) -- Forfeiture of gratuity - Dismissal from service - Misconduct - Forfeiture of gratuity is not automatic on dismissal from service - It is permissible u/s 6(b)(ii) of the Act, only if termination of an employee is for any misconduct which constitutes an offence involving moral turpitude and convicted accordingly by a Court..........
Payment of Gratuity Act, 1972, Section 4(5), (6) -- Forfeiture of gratuity - Dismissal from service - Misconduct - It is not the conduct of a person involving moral turpitude that is required for forfeiture of gratuity but conduct or act should constitute an offence involving moral turpitude - To be an offence, act should be made punishable under law...........
Service -- Fast Track Courts - Additional District Judges - Appointment on ad hoc basis - Entitlement of gratuity - When appellants are entitled to pension, they are obviously entitled to grant of gratuity, as pension includes gratuity as per S.3(m) of 1978 Rules - Appellants thus, entitled to gratuity which may be computed in accordance with 1978 Rules. (Tamil Nadu..........
Payment of Gratuity Act, 1972, Section 2A -- Payment of gratuity amount - Act being a welfare legislation meant for benefit of employees who served their employer for a long time, it is duty of State to voluntarily pay gratuity amount to employee rather than to force employee to approach Court to get his genuine claim...........
Service -- Claim of gratuity amount - Continuous service - Appellant actually rendered a service for a period of 25 years - He worked 22 years as daily wager and only 3 years as regular employee - His service being regularized, he became entitled to claim its benefit for counting period of 22 years regardless of post and capacity on which he worked for 22 years - Service..........
Civil Procedure Code, 1908, Section 60(1)(g) -- Execution - Attachment - Earned leave encashment amount - Not stipend or gratuity - Earned Leave Encashment can be attached...........
Constitution of India, 1950, Article 226 -- Mandamus Writ - Recovery of withheld amount of gratuity - An exercise of re-fixation of pay of deceased was carried out and certain amount calculated on basis of re-fixation had been withheld - Petitioner had been called upon to show cause and at stage of grant of personal hearing had furnished an undertaking and had specifically..........