Payment of Gratuity Act, 1972, Section 1(3) -- Applicability - Only three employees were working with the Association - Considering that an association is part of health department has to be negated as a natural corollary - Held, association is not amenable to provisions of payment of Gratuity Act - Employees not entitled for gratuity...........
Civil Procedure Code, 1908, Section 114, 60 -- Review of order holding that gratuity payable to legal representative of deceased employee is liable for attachment - In view of the authoritative pronouncement of Supreme Court, even gratuity payable to legal representatives of deceased is not liable for attachment - Review petition allowed...........
Civil Procedure Code, 1908, Section 34 -- Money suit - Interest - Wrongful withholding of gratuity amount - Held, plaintiff is entitled to gratuity alongwith interest @ 12% p.a. from the period prior to suit and till the filing of suit and @ 6% p.a. from subsequent to filing of suit till date of payment...........
Service -- Pension and gratuity - Withholding a part of it during pendency of departmental/criminal proceedings - Pension and gratuity is hard earned benefit which accrues to an employee and is in the nature of `property' - This right of property cannot be taken away without due process of law - Attempt of appellant to take away a part of pension or gratuity or even leave..........
Service -- Pension and gratuity - Withholding a part of it during pendency of departmental/criminal proceedings - Cannot be withheld on the basis of executive instructions in absence of statutory provision - Executive instructions are not having statutory character as such cannot be termed as `law' within the meaning of Article 300A of the Constitution - On the basis of..........
Payment of Gratuity Act, 1972, Section 4, 14 -- Gratuity - Entitlement - Every eligible employee is entitled to gratuity even if he has opted for pension - Gratuity can be claimed without being required to refund the amount of pension already received...........
Civil Procedure Code, 1908, Section 60, Order 38, Rule 5 -- Attachment before judgment - Retiral benefits such as pension and gratuity - Exempt u/s 60(1) CPC - Cannot be attached...........
Payment of Gratuity Act, 1972, Section 4(5) -- Gratuity - Entitlement of gratuity - Services of the petitioner with respondents 2 and 3 was from 3.6.1970 - The terms of his employment provided for payment of gratuity at the rate of 1 months' salary for every completed year of service - Subsequent to the date of retirement on 31.12.1987 he was allowed to continue by an..........
Punjab Civil Services Rules, Volume II, Rule 2 2(b) -- Criminal proceedings - Retiral benefits - Withholding of - Under Rule 2.2 (b) of the Rules - Criminal proceedings were initiated against the petitioner while he was in service - Offences unrelated to the service of the petitioner - Neither there is any claim of causing loss to the Government nor there is any case for..........
Payment of Gratuity Act, 1972, Section 1(3) -- Charitable trust - Plea for exemption under the provision of Payment of Gratuity Act - Held that a particular institution is a charitable institution is not relevant for the purpose of determining the coverage under the Act - The Act applies only if any Institution is covered by the provisions of the Act, notwithstanding the..........
