Created by Fuzzy Cloud

Payment of Gratuity Act, 1972

127 judgments · newest first · showing 1–127

SINDHUDURG SHIKSHAN PRASARAK MANDAL AND ANR.versusSHRIPAD SITARAM VELING

Disposed Off

The petitioners, a charitable educational trust, challenged a Labour Court order granting gratuity to a former employee who was terminated for alleged misconduct and negligence. The respondent argued that the petitioners should first appeal under Section 7(7) of the Payment of Gratuity Act, 1972, …

MUNICIPAL CORPORATION OF GREATER MUMBAIversusDATTATRAY TUKARAM RANE

Disposed Off

The Brihan Mumbai Electric Supply and Transport Undertaking (BEST) filed a series of writ petitions challenging orders of the Controlling and Appellate Authorities that directed payment of interest on delayed gratuity to its retired employees. While BEST does not dispute paying the gratuity itself, …

MUNICIPAL CORPORATION OF GREATER MUMBAI THROUGH G MversusVILASRAO BAPURAO METKARI

Disposed Off

The Brihan Mumbai Electric Supply and Transport Undertaking (BEST) filed a series of writ petitions challenging orders of the Controlling and Appellate Authorities that directed payment of interest on delayed gratuity to its retired employees. While BEST does not dispute paying the gratuity itself, …

MUNICIPAL CORPORATION OF GREATER MUMBAI THROUGH G MversusPHILIP ANTHONY KINNY

Disposed Off

The Brihan Mumbai Electric Supply and Transport Undertaking (BEST) filed a series of writ petitions challenging orders of the Controlling and Appellate Authorities that directed payment of interest on delayed gratuity to its retired employees. While BEST does not dispute paying the gratuity itself, …

MUNICIPAL CORPORATION OF GREATER MUMBAI THROUGH G MversusRAVINDRA KRISHNA SHETYE

Disposed Off

The Brihan Mumbai Electric Supply and Transport Undertaking (BEST) filed a series of writ petitions challenging orders of the Controlling and Appellate Authorities that directed payment of interest on delayed gratuity to its retired employees. While BEST does not dispute paying the gratuity itself, …

MUNICIPAL CORPORATION OF GREATER MUMBAI THRU. G MversusMEGHSHYAM NARAYAN PARAB

Disposed Off

The Brihan Mumbai Electric Supply and Transport Undertaking (BEST) filed a series of writ petitions challenging orders of the Controlling and Appellate Authorities that directed payment of interest on delayed gratuity to its retired employees. While BEST does not dispute paying the gratuity itself, …

MUNICIPAL CORPORATION OF GREATER MUMBAI THRU. G MversusKALYANRAO RAMDAS SAKUNDE

Disposed Off

The Brihan Mumbai Electric Supply and Transport Undertaking (BEST) filed a series of writ petitions challenging orders of the Controlling and Appellate Authorities that directed payment of interest on delayed gratuity to its retired employees. While BEST does not dispute paying the gratuity itself, …

MUNICIPAL CORPORATION OF GREATER MUMBAI THROUGH G MversusARVIND PINGLE

Disposed Off

The Brihan Mumbai Electric Supply and Transport Undertaking (BEST) filed a series of writ petitions challenging orders of the Controlling and Appellate Authorities that directed payment of interest on delayed gratuity at rates higher than 6% per annum. BEST accepted liability to pay gratuity but …

MUNICIPAL CORPORATION OF GREATER MUMBAIversusSATISH HARISHCHANDRA RANE

Disposed Off

The Brihan Mumbai Electric Supply and Transport Undertaking (BEST) filed a series of writ petitions challenging orders of the Controlling and Appellate Authorities that directed payment of interest on delayed gratuity to its retired employees. While BEST does not dispute paying the gratuity itself, …

UP STATE ROAD TRANSPORT CORPORATIONversusAYODHYA PRASAD AND 3 OTHERS

The petitioner, Up State Road Transport Corporation, paid a retiring workman, Ayodhya Prasad, gratuity based on his last salary and later adjusted it under the 7th Pay Commission. The workman subsequently filed a claim before the Controlling Authority under the Payment of Gratuity Act, 1972 for …

BREACH CANDY SWIMMING BARTH TRUST AND ORSversusRAJESH SOMNATH NERKAR

Disposed Off

The Breach Candy Club Trust terminated its former manager, Rajesh Somnath Nerkar, after alleging he shredded original membership records, leading to a claim for gratuity under the Payment of Gratuity Act, 1972. The Controlling Authority allowed Nerkar’s application and ordered the Trust to pay Rs …

M/S. HINDUSTAN AERONAUTICS LTD.versusMR. BHASKAR MURLIDHAR KADAM

Disposed Off

The petition filed by Hindustan Aeronautics Limited challenged the reduction of gratuity payable to former employee Bhaskar Murlidhar Kadam, who had been dismissed for alleged fraud and falsification of records. The Controlling Authority had awarded Rs 3,50,000 as gratuity, which the Appellate …

Shivanand JhaversusThe State of Bihar through the Principal Secretary,

DISPOSED

Shivanand Jha, a former employee, filed a writ petition seeking a mandamus directing the State of Bihar and its officials to pay his gratuity for continuous service from 18 July 2013 to 9 April 2025 under the Payment of Gratuity Act, 1972 (now Sec. 53 of the Social Security Code, 2020) with interest …

VIRINDER PAL SINGHversusPUNJAB AND SIND BANK & ORS.

2026 INSC 266Dismissed

The appellant, a bank officer, was served a charge sheet for loan disbursement irregularities on the day he superannuated, and disciplinary proceedings continued, resulting in a permanent reduction of three pay‑scale stages. The appellant challenged the punishment, arguing that post‑retirement only …

KHUNJIBHAI HARJIBHAI BHABHORversusSTATE OF GUJARAT

26-DISMISSED @ ADM.STAGE

The petitioner, Khunjibhai Harjibhai Bhabhor, filed a special civil application invoking Articles 14, 16 and 226 of the Constitution and the Payment of Gratuity Act, alleging that the State of Gujarat and others had failed to pay full pensionary benefits. The Court observed that the quantum of money …

NITINKUMAR JAYKARBHAI MEHTAversusTHE J B AND BROTHERS PVT LTD

26-DISMISSED @ ADM.STAGE

The petitioner, a former employee of J B and Brothers Pvt Ltd, was terminated when the company closed down and filed for gratuity under the Payment of Gratuity Act, claiming Rs 1,33,903 with 10% simple interest. The Controlling Authority initially rejected his claim, but on remand allowed Rs …

N. MANOHARAN, ETC.versusTHE ADMINISTRATIVE OFFICER AND ANOTHER

2026 INSC 143Dismissed

The case concerned whether the retired employees of the Heavy Water Plant (HWP) of the Department of Atomic Energy, Tuticorin, are covered by the Payment of Gratuity Act, 1972. The employees had received gratuity under the CCS (Pension) Rules, 1972 and sought the higher amount prescribed under the …

GUJARAT WATER SUPPLY AND SEWERAGE BOARDversusJAYESHBHAI RATILAL MEHTA

35-ANY OTHER MODE @ ADM.STAGE

The Gujarat Water Supply and Sewerage Board (petitioner) challenged an order of the Appellate Authority dated 18‑July‑2024 which returned its gratuity appeal on the grounds that it was filed beyond the 120‑day limitation and without the required payment challan. The workman, appointed in 1985 and …

STATE OF GUJARATversusCONTROLLING AUTHORITY

26-DISMISSED @ ADM.STAGE

Petitioners filed a special civil application under Articles 226 and 227 of the Constitution challenging an order dated 02.05.2023 issued by the Controlling Authority, Rajkot, under the Payment of Gratuity Act, 1972, which directed them to pay Rs.42,695 with 10% simple interest. The High Court …

STATE OF GUJARAT THRUOGH EXECUTIVE ENGINEERversusPURIBEN SAMATBHAI BHIL

26-DISMISSED @ ADM.STAGE

The State of Gujarat, through the Executive Engineer, filed a special civil application under Articles 226 and 227 of the Constitution challenging an order of the Controlling Authority dated 20‑04‑2022 that directed the petitioners to pay a gratuity amount of Rs.56,943 with 10% simple interest under …

Winsome International LimitedversusThe State of Bihar

DISPOSED

The petitioner Samat Khan filed a writ petition seeking payment of gratuity with interest and related reliefs, while Winsome International Limited filed a separate petition to quash a certificate issued under Section 8 of the Payment of Gratuity Act, 1972. Both matters were heard together. The court …

Samat KhanversusThe State of Bihar

DISPOSED

The petitioner, Samat Khan, filed a writ petition seeking payment of gratuity with interest and related reliefs against the State of Bihar and other officials, while Winsome International Ltd filed a separate writ petition to quash a certificate issued under Section 8 of the Payment of Gratuity Act, …

RAGHUVEER SYNTHETICS LTD.versusFULWATI RAJBALI GUPTA

56-DISPOSED AT ADMISSION STAGE

The Factory Manager of Raghuveer Synthetics Ltd filed two Special Civil Applications under Articles 226 and 227 of the Constitution, invoking Section 33(c)(2) of the Industrial Disputes Act and Section 7 of the Payment of Gratuity Act respectively, to challenge a Labour Court order dated 01‑09‑2021 …

Ishwar Lal PaswanversusThe Bihar Industrial Area Development Authority

ALLOWED

The petitioner, Ishwar Lal Paswan, a former contractual executive of the Bihar Industrial Area Development Authority (BIADA), filed a writ petition seeking payment of gratuity under the Payment of Gratuity Act, 1972, claiming entitlement after 15 years of service. The BIADA had denied the claim, …

STATE OF GUJARAT THROUGH EXECUTIVE ENGINEERversusPRAHLADBHAI JAVAHARBHAI KOLI PATEL

26-DISMISSED @ ADM.STAGE

The State of Gujarat filed a petition challenging the order of the Appellate Authority that upheld a gratuity award of Rs.2,015 to a former workman who had served 33 years. The workman had previously received gratuity for 22 years and sought the balance under the Payment of Gratuity Act, 1972, after …

ASHOK KUMAR DABAS (DEAD THROUGH LEGAL HEIRS)versusDELHI TRANSPORT CORPORATION

2025 INSC 1404Case Partly allowed

Ashok Kumar Dabas, a conductor with Delhi Transport Corporation since 1985, resigned on 7 August 2014 and his resignation was accepted on 19 September 2014; a subsequent request to withdraw the resignation was denied. The deceased sought pension, gratuity and leave encashment for his legal heirs, …

WESTERN COAL FIELDS LTD.versusMANOHAR GOVINDA FULZELE & ANR.

2025 INSC 233

The Supreme Court examined two appeals challenging the forfeiture of gratuity by a public sector undertaking (Western Coal Fields Ltd.) and the Maharashtra State Road Transport Corporation (MSRTC) after employees were terminated for misconduct. The employees argued that forfeiture required a …

JYOTIRMAY RAYversusTHE FIELD GENERAL MANAGER, PUNJAB NATIONAL BANK & ORS.

2023 INSC 979Appeal(s) allowed

Jyotirmay Ray, a senior manager of Punjab National Bank, was compulsorily retired and denied employer's contribution to his provident fund, gratuity, leave encashment and pension. He challenged the denial of PF contribution and gratuity before the High Court, which partially granted relief, but the …

M/S SUNEJA TOWERS PRIVATE LIMITED & ANR.versusANITA MERCHANT

2023 INSC 391Appeal(s) allowed

Anita Merchant booked three flats from Suneja Towers Private Limited, paid 60% of the price, but the builder failed to deliver possession even after the agreed period, leading her to file consumer complaints. The District Forum dismissed the complaints, but the State Consumer Commission reversed the …

M/S. CREATIVE GARMENTS LTDversusKASHIRAM VERMA

2023 INSC 243Appeal(s) allowed

The employer, M/s. Creative Garments Ltd., appealed against a Labour Court award that reinstated employee Kashiram Verma with back wages. The employee never reported for duty despite multiple communications, and his permanent address was never furnished; only a "care of Union" address was provided. …

JAGDISH PRASAD SAINI & ORS.versusSTATE OF RAJASTHAN & ORS.

2022 INSC 1023Appeal(s) allowed

The appellants, teachers appointed in a grant‑in‑aid school in Rajasthan, were regularised by the Supreme Court but were denied leave‑encashment and gratuity benefits. The High Court held that payment of salary arrears sufficed, ignoring the entitlement to leave encashment and gratuity. On appeal, …

INDEPENDENT SCHOOLS’ FEDERATION OF INDIA (REGD.)versusUNION OF INDIA AND ANOTHER

2022 INSC 879Dismissed

The Supreme Court examined the constitutional validity of the Payment of Gratuity (Amendment) Act, 2009, which amended the definition of “employee” in the Payment of Gratuity Act, 1972 and inserted Section 13A with retrospective effect from 3 April 1997 to extend gratuity benefits to teachers in …

MANIBEN MAGANBHAI BHARIYAversusDISTRICT DEVELOPMENT OFFICER DAHOD & ORS.

2022 INSC 473Appeal(s) allowed

The petitioners, Anganwadi workers and helpers employed under the Integrated Child Development Services (ICDS) scheme in Gujarat, sought gratuity benefits under the Payment of Gratuity Act, 1972. The Gujarat High Court’s Division Bench held that they were not employees and thus ineligible for …

THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT & ORS. ETC.versusK. CHANDRAN ETC.

2022 INSC 310Appeal(s) allowed

The Supreme Court examined whether a government employee convicted of corruption, with a criminal appeal pending, is entitled to his death‑cum‑retirement gratuity (DCRG) under the Kerala Service Rules. The Court held that Rule 3A cannot be read in isolation; it must be read together with Rule 3, …

KRISHNA GOPAL TIWARY & ANR.versusUNION OF INDIA & ORS.

2021 INSC 401Dismissed

The appellants, employees of Coal India Ltd., received gratuity under a 2008 Government office memorandum that raised the ceiling to Rs 10 lakhs effective from 1 January 2007. They challenged the tax deducted at source, arguing that the Payment of Gratuity (Amendment) Act, 2010, which officially …

EASTERN COALFIELDS LIMITEDversusANADINATH BANERJEE (D) AND OTHERS

2021 INSC 351Appeal(s) allowed

The case concerned whether Anadi Nath Banerjee, whose land was acquired for the Sonepur Bazari Open Cast Project, was entitled to employment under a tripartite agreement that promised jobs to land‑losers possessing at least two acres. The Land Acquisition Collector’s certificate recorded Banerjee’s …

BCH ELECTRIC LIMITEDversusPRADEEP MEHRA

2020 INSC 379Appeal(s) allowed

The respondent, Pradeep Mehra, served as Chief Operating Officer of BCH Electric Limited for 12 years and, upon resignation in June 2012, claimed gratuity of Rs.1.83 crore based on the company's gratuity scheme which did not impose a statutory ceiling. The employer paid only Rs.10 lakh, the ceiling …

DHANSAI SAHUversusSTATE OF CHHATTISGARH & ORS.

2020 INSC 74Matter referred to larger bench

DhanSai Sahu, who had worked as a daily‑wager before being regularised as a government employee, claimed gratuity under the Payment of Gratuity Act, 1972 after superannuation. The High Court held that Section 2(e) of the Act excluded him because his post was governed by the Chhattisgarh Civil …

CENTRAL BANK OF INDIA & ORS.versusTARA CHAND

2019 INSC 846Appeal(s) allowed

The Central Bank of India’s Voluntary Retirement Scheme, 2001 allowed employees who were over 40 years of age or had 15 years of service to retire voluntarily. Tara Chand, who had 11 years of service and was over 40, opted for voluntary retirement in February 2001, but the Bank denied him a pro‑rata …

NAGAR AYUKT NAGAR NIGAM, KANPURversusSRI MUJIB ULLAH KHAN AND ANOTHER

2019 INSC 449Dismissed

The Municipal Corporation of Kanpur, governed by the Uttar Pradesh Municipal Corporation Act, sought to limit gratuity payments to its employees to the rates prescribed under the 1962 Retirement Benefits and General Provident Fund Regulations, arguing that the Payment of Gratuity Act, 1972 did not …

BIRLA INSTITUTE OF TECHNOLOGYversusTHE STATE OF JHARKHAND & ORS.

2019 INSC 18Dismissed

The Birla Institute of Technology (BIT) appealed against the State of Jharkhand and other respondents after a teacher who retired in 2001 claimed gratuity under the Payment of Gratuity Act, 1972. The High Court had upheld the gratuity award, and BIT challenged the applicability of the Act to …

BIRLA INSTITUTE OF TECHNOLOGYversusTHE STATE OF JHARKHAND & ORS.

2019 INSC 1413

The Supreme Court allowed the appeal of Birla Institute of Technology against the State of Jharkhand on 7 January 2019, relying on the decision in Ahmedabad Pvt. Primary Teachers Association v. Administrative Officer. During the hearing it emerged that Parliament had subsequently amended the …

BIRLA INSTITUTE OF TECHNOLOGYversusTHE STATE OF JHARKHAND & ORS.

2019 INSC 18Appeal(s) allowed

The Birla Institute of Technology (BIT) employed Respondent No.4 as an Assistant Professor from 1971 until his superannuation in 2001. He claimed gratuity under the Payment of Gratuity Act, 1972, which BIT denied. The controlling authority allowed the claim, but the appellate authority and the High …

UNION BANK OF INDIA AND OTHERSversusC.G. AJAY BABU AND ANOTHER

2018 INSC 708Dismissed

The Union Bank of India dismissed a branch manager, C.G. Ajay Babu, for alleged misconduct and subsequently forfeited his gratuity on the ground that the misconduct involved moral turpitude. The employee challenged the forfeiture, arguing that under the Payment of Gratuity Act, 1972 forfeiture is …

NETRAM SAHUversusSTATE OF CHHATTISGARH & ANR.

2018 INSC 258Appeal(s) allowed

Netram Sahu was employed by the State of Chhattisgarh as a daily wager from 1 April 1986 and was regularized as a work‑charge employee on 6 May 2008, retiring on 30 July 2011 after a total service of 25 years 3 months. He claimed gratuity under the Payment of Gratuity Act, 1972, and the Controlling …

CENTRAL BANK OF LNDIAversusM. SETHUMADHAVAN & ORS.

2017 INSC 289Disposed off

The Central Bank of India and other nationalised banks (appellants) challenged the validity of a cut‑off date they fixed for calculating gratuity payable to retired employees (respondents) under their Regulation 46. The respondents argued that the cut‑off date, which limited the benefit of revised …

STATE OF UTTAR PRADESH AND OTHERSversusDHIRENDRA PAL SINGH

2016 INSC 1029Disposed off

Dhirendra Pal Singh, a retired Assistant Store Superintendent of Uttar Pradesh, had 30% of his gratuity and pension withheld on the ground of alleged stock discrepancies. No departmental enquiry under Article 351‑A of the Uttar Pradesh Civil Service Regulations was ever initiated, and the document …

STATE OF H.P. & ORS.versusRAJESH CHANDER SOOD ETC. ETC.

2016 INSC 926Appeal(s) allowed

The Himachal Pradesh Government introduced the 1999 Pension Scheme for employees of state-owned corporations, replacing the Employees' Provident Funds Scheme, 1995. After a high‑level committee found the scheme financially unsustainable, the Government issued a notification on 2 December 2004 …

MANOJBHAI N. SHAH & ORS.versusUNION OF INDIA & ORS.

2015 INSC 13Disposed off

The case concerned employees of five nationalised general insurance companies who had taken voluntary retirement under the 2004 Special Voluntary Retirement Scheme and later sought the benefit of a retrospective pay revision dated 21 December 2005. The employers argued that the scheme was designed …

NATIONAL INSURANCE CO. LTD. & ANR.versusKIRPAL SINGH

2014 INSC 22Dismissed

The respondents, employees of National Insurance Co., opted for voluntary retirement under the General Insurance Employees Special Voluntary Retirement Scheme, 2004 (SVRS 2004) and claimed pension under the General Insurance (Employees) Pension Scheme, 1995. The insurers rejected the claim, arguing …

CH. CUM MAN. DIRECTOR MAHANADI COALFIELD LTD.versusRABINDRANATH CHOUBEY

2013 INSC 730Disposed off

The appellant, Mahanadi Coalfield Ltd., sought to withhold the gratuity of its former Chief General Manager, Rabindranath Choubey, on the ground that a departmental inquiry for alleged misconduct was pending. The employee retired on superannuation and applied for gratuity under the Payment of …

Y.K. SINGLAversusPUNJAB NATIONAL BANK & ORS.

2012 INSC 619Disposed off

Y.K. Singla, a former chief manager of Punjab National Bank, retired on superannuation in 1996 but his gratuity and other retiral benefits were withheld pending criminal proceedings alleging conspiracy. He was acquitted in 2009 and subsequently received his gratuity and leave encashment, but the …

SUDHIR KUMAR CONSULversusALLAHABAD BANK

2011 INSC 144Dismissed

Sudhir Kumar Consul was appointed as a clerk in Allahabad Bank in 1976 and promoted to officer in 1983. After taking voluntary retirement in 2001, he sought pension under the Old Pension Scheme, invoking Regulation 46(1) of the Allahabad Bank Officers Service Regulations, 1979, which provides …

P. RAJAN SANDHIversusUNION OF INDIA

2010 INSC 628Dismissed

The appellant, an Assistant Editor of a newspaper publishing company, was dismissed after a disciplinary inquiry that found him guilty of misconduct. He subsequently claimed gratuity under the Payment of Gratuity Act, 1972, but the employer denied it, invoking the Working Journalists and Other …

ALLAHABAD BANK & ANR.versusALL INDIA ALLAHABAD BANK RETIRED EMPS. ASSN.

2009 INSC 1303Disposed off

The All India Allahabad Bank Retired Employees Association filed writ petitions seeking gratuity under the Payment of Gratuity Act, 1972, alleging that the bank’s pension scheme, which employees had opted for, could not deprive them of statutory gratuity. The Allahabad High Court held that the …

SHIVANAND GAURISHANKAR BASWANTIversusLAXMI VISHNU TEXTILE MILLS & ORS.

2008 INSC 809Dismissed

The appellant, a workman of Laxmi Vishnu Textile Mills, challenged a tripartite settlement and the sale of the mill’s assets to a purchaser, alleging that the settlement was illegal, that the sale violated a BIFR order under the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA), and …

NATIONAL TEXTILE CORPORATION (M.P.) LTD.versusM.R. JHADAV

2008 INSC 517Case Allowed

The National Textile Corporation (M.P.) Ltd. issued a Voluntary Retirement Scheme (VRS) effective 31 July 2000. M.R. Jadhav applied for the scheme on 16 May 2000 and obtained administrative clearance, but the corporation never communicated a final decision or acceptance, citing lack of funds. Jadhav …

INDIAN BANK AND ANR.versusN. VENKATRAMANI

2007 INSC 879Disposed off

N. Venkataramani, an employee of Indian Bank, voluntarily retired after 14 years, 9 months and 17 days of service. The bank denied his claim for pension on the ground that he had not completed the statutory minimum of 15 years. The Madras High Court set aside the bank’s order and directed the grant …

M.C. CHAMARAJUversusHIND NIPPON RURAL INDUSTRIAL (P) LTD.

2007 INSC 863Appeal(s) allowed

M.C. Chamaraju, a supervisor employed by Hind Nippon Rural Industrial (P) Ltd, worked for more than five years across several units before his salary stopped in March 1993. He applied for gratuity under the Payment of Gratuity Act, 1972. The Controlling Authority and the Appellate Authority held …

SPIC PHARMACEUTICALS DIVISIONversusAUTHORITY UNDER SEC. 48(1) OF A.P. AND ANR.

2007 INSC 232Disposed off

The appellants, manufacturers of pharmaceutical products, dismissed several medical representatives and the employees sought relief from the appellate authority under the Andhra Pradesh Shops and Establishments Act, 1988. The employers contended that the Sales Promotion Employees (Conditions of …

COMMISSIONER OF INCOME TAX, KOLKATAversusM/S. HOOGL Y MILLS CO. LTD.

2006 INSC 877Appeal(s) allowed

The respondent, Hooghly Mills Co. Ltd., purchased an industrial undertaking from Fort Gloster Industries Ltd. and, under the sale agreement, assumed the vendor’s accrued and future gratuity liability of about Rs 3.5 crore. The assessee claimed depreciation on this amount under Section 32 of the …

JASWANT SINGH GILLversusM/S. BHARAT COKING COAL LTD. AND ORS.

2006 INSC 821Appeal(s) allowed

Jaswant Singh Gill, a chief general manager of Bharat Coking Coal Ltd., faced departmental proceedings for alleged shortage of coal. While the disciplinary inquiry was pending, he retired and applied for gratuity under the Payment of Gratuity Act, 1972, which was denied on the ground that his …

MANAGEMENT OF KSRTC TH. CHIEF LAW OFFICERversusR. KRISHNA REDDY

2006 INSC 777Dismissed

The Karnataka State Road Transport Corporation (KSRTC) had a settlement with its employees that tied the rate of Dearness Allowance (DA) to the rates sanctioned by the State Government and required any merger of DA with basic pay to be considered for calculating gratuity. The State Government issued …

BEED DISTRICT CENTRAL CO-OPERATIVE BANK LTD.versusSTATE OF MAHARASHTRA AND ORS.

2006 INSC 682Appeal(s) allowed

The Bank, a co‑operative society, had a gratuity scheme offering 26 days' wages per year of service with a ceiling of Rs 2.5 million. Under the Payment of Gratuity Act, 1972 (as amended), the statutory rate is 15 days' wages with a ceiling of Rs 3.5 million. After retirement, the employees claimed …

UNION OF INDIA AND ANR.versusMANIK LAL BANERJEE

2006 INSC 469Appeal(s) allowed

The case concerned whether a railway employee who retired on 31 January 1995 was entitled to gratuity under the Payment of Gratuity Act, 1972 or whether the Railway Services (Pension) Rules, 1993 governed his benefit. The Union of India argued that Section 2(e) of the 1972 Act expressly excludes …

CEAT LTD.versusMURPHY INDIA EMPLOYEES UNION

2006 INSC 250Dismissed

The case arose from the merger of Murphy India Ltd. with CEAT Ltd., after which 45 workmen were appointed on a temporary basis on 1‑Feb‑1991 and placed on probation. A Memorandum of Settlement dated 29‑Apr‑1991 provided benefits to "permanent workmen" on the rolls as of 31‑Dec‑1990. The workmen …

PUNJAB AND SIND BANK AND ORS.versusMOHINDER PAL SINGH AND ORS.

2005 INSC 538

Amarjit Singh Sahni, a cashier‑clerk of Punjab and Sind Bank, applied for voluntary retirement under the bank's scheme (effective 1‑31 Dec 2000) but withdrew his application on 22 Dec 2000 before the bank had accepted it. The bank later treated him as relieved from service on 28 Jan 2001 and denied …

SECRETARY, O.N.G.C. LTD. AND ANR.versusV.U. WARRIER

2005 INSC 217Appeal(s) allowed

The case concerned V.U. Warrier, a former "gold‑collar" officer of the Oil and Natural Gas Commission (ONGC), who after retirement failed to vacate a residential quarter allotted to him and was charged penal rent. ONGC deducted Rs.53,632 of the penal rent from the gratuity payable to Warrier under …

RAJASTHAN WELFARE SOCIETYversusSTATE OF RAJASTHAN

2005 INSC 192Dismissed

The Rajasthan Welfare Society, an aided non‑government educational institution, challenged the State of Rajasthan's refusal to allow the gratuity payable to its employees to be counted as part of the approved expenditure for computing grant‑in‑aid under the Rajasthan Non‑Government Educational …

AHMEDABAD PVT. PRIMARY TEACHERS' ASSOCIATIONversusADMINISTRATIVE OFFICER AND ORS.

2004 INSC 32Dismissed

A teacher employed by a municipal school sought gratuity under the Payment of Gratuity Act, 1972, but the Gujarat High Court held that teachers are not "employees" within the meaning of section 2(e) and dismissed the claim. The Ahmedabad Private Primary Teachers' Association appealed, arguing that …

H.GANGAHANUME GOWDAversusKARNATAKA AGRO INDUSTRIES CORPN. LTD.

2003 INSC 62Appeal(s) allowed

The appellant, a retired employee of Karnataka Agro Industries Corp., had been suspended in 1999, the suspension was later withdrawn, and he retired in 2000 without any order regularising his service or settling salary and allowances. He filed a writ petition seeking full salary for the suspension …

BANK OF INDIA AND ORS.versusO.P. SWARANAKAR ETC.

2002 INSC 547Disposed off

The Supreme Court examined the validity of Voluntary Retirement Schemes (VRS) introduced by State Bank of India and other nationalised banks, focusing on whether an employee’s application for retirement could be withdrawn before the bank’s acceptance despite a clause stating the request was …

T.I. CYCLES OF INDIA, AMBATTURversusM.K. GURUMANI AND ORS.

2001 INSC 392Appeal(s) allowed

Workmen who retired from T.I. Cycles of India claimed that incentive wages paid for extra work should be treated as "wages" under Section 2(s) of the Payment of Gratuity Act, 1972 and thus be included in the calculation of gratuity under Section 4(2). The Controlling Authority and the Madras High …

E.L.D. PARRY (I) LTDversusG. OMKAR MURTHY AND ORS.

2001 INSC 179Dismissed

The respondents, former employees of E.I.D. Parry (I) Ltd., retired under a voluntary scheme in 1984 and received gratuity under the Payment of Gratuity Act, 1972. Because their monthly wages exceeded Rs 1,000, they were not covered by the definition of "employee" in Section 2(e) of the Central Act, …

BALBIR KAUR AND ANR.versusSTEEL AUTHORITY OF INDIA LTD. AND ORS.

2000 INSC 292Appeal(s) allowed

The petitioners, dependents of a deceased SAIL employee, applied for a compassionate appointment after the employee's death, but SAIL declined, citing a Family Benefit Scheme introduced under the 1989 NJSC Tripartite Agreement that required the family to deposit provident fund and gratuity amounts …

ASSOCIATE BANKS OFFICERS ASSOCIATIONversusSTATE BANK OF INDIA AND ORS.

1997 INSC 692Dismissed

The Associate Banks Officers Association, representing officers of the State Bank of India’s subsidiary banks, filed a writ petition seeking parity in terminal benefits, medical benefits and extra increments with employees of the State Bank of India (SBI). SBI contended that, under Section 50(2) of …

ASPINWAL AND CO., KULSHEKAR, MANGALOREversusLAITHA PADUGADY AND ORS. ETC. ETC.

1995 INSC 423Appeal(s) allowed

A coffee curing establishment, declared a seasonal industry, operated from September to June and was closed June to September. The workmen claimed gratuity at the rate of seven days' wages for two seasons in each calendar year, arguing that the accounting year (January‑December) split their service …

BAKSHISH SINGHversusM/S DARSHAN ENGINEERING WORKS & ORS.

1993 INSC 325Appeal(s) allowed

Bakshish Singh, a fitter, resigned after more than ten years of service and claimed gratuity under Section 4(1)(b) of the Payment of Gratuity Act, 1972. The Controlling Authority awarded him gratuity, but the employer challenged the award, and the High Court struck down Section 4(1)(b) as an …

CHARAN SINGHversusBIRLA TEXTILES & ANR.

1988 INSC 256Dismissed

The appellant, a former employee of the respondent firm, resigned in May 1983 and applied for payment of gratuity, which the employer failed to determine. The statutory controlling authority quantified the gratuity at Rs.16,380 and ordered payment of 9% compound interest under Section 8 of the …

G.S. DHARA SINGHversusE.K. THOMAS & ORS.

1988 INSC 210Dismissed

The case concerned 85 workers who had resigned from the Cochin Port Thozhilali Union and sought a refund of amounts that the union, through its president‑treasurer G.S. Dhara Singh, had collected from the employer on their behalf for gratuity and accident benefit funds. The workers filed civil suits …

SHREE SAJJAN MILLS LTD.versusCOMMISSIONER OF INCOME TAX, M.P, BHOPAL AND ANR,

1985 INSC 224Dismissed

Sajjian Mills Ltd, a public limited company, incurred a statutory liability to pay gratuity under the Payment of Gratuity Act, 1972 and actuarially determined its total liability of Rs 48,59,431 for the assessment year 1973‑74. It made a provision of Rs 20 lakhs in its books, added it back in its …

CALCUTTA DOCK LABOUR BOARD AND ANR.versusSMT. SANDHYA MITRA AND ORS.

1985 INSC 21Appeal(s) allowed

Md. Safiur Rehman, a dock worker, died leaving a widow and son. The Calcutta Dock Labour Board sought attachment of the gratuity payable to Rehman under its scheme to satisfy a decree against the heirs. The Small Causes Court ordered attachment, overruling the Board’s objection that gratuity was …

KATHEEJA BAIversusTHE SUPERINTENDING ENGINEER & ORS.

1984 INSC 107Case Allowed

The petitioner, Katheeja Bai, widow of a retired Tamil Nadu Electricity Board employee, claimed that the Board had failed to credit the special contribution mandated by Regulation 37 of the Board’s Contributory Provident Fund Regulations to her late husband’s provident fund account. The Board …

SUDHIR CHANDRA SARKARversusTATA IRON & STEEL CO. LTD. AND OTHERS.

1984 INSC 69Appeal(s) allowed

The appellant, a permanent uncovenanted employee of Tata Iron & Steel Co., rendered 29 years of continuous service and resigned, thereby becoming eligible for retiring gratuity under the 1937 Retiring Gratuity Rules. The company refused payment, invoking Rule 10 which purported to give it absolute …

D.S. NAKARA & OTHERSversusUNION OF INDIA

1982 INSC 103Case Allowed

The petitioners, two retired government servants and a society of pensioners, challenged two 1979 Government memoranda that liberalised pension computation but limited the benefit to employees who were in service on 31 March 1979 (civil servants) or 1 April 1979 (armed forces) and retired on or …

WORKMEN OF METRO THEATRE LTD., BOMBAYversusMETRO THEATRE LTD., BOMBAY

1981 INSC 135

The workmen of Metro Theatre Ltd. challenged an Industrial Tribunal award that revised wage scales and dearness allowance effective from 1‑1‑1977, arguing that it should have been retrospective to 1‑1‑1974, that dearness allowance ought to be linked to the cost‑of‑living index, and that the tribunal …

LALAPPA LINGAPPA & ORS.versusLAXMI VISHNU TEXTILE MILLS LTD., SHOLAPUR

1981 INSC 30Dismissed

The Supreme Court considered claims for gratuity by 85 permanent and 25 badli employees of Laxmi Vishnu Textile Mills who sought payment for every year of service irrespective of whether they had worked at least 240 days. The employer had paid gratuity only for years in which the employees were …

SHRI DIGVIJAY WOOLLEN MILLS LTD. ETC.versusMAHENDRA PRATAPRAI BUCH ETC.

1980 INSC 132

The Supreme Court considered two appeals by employers challenging the calculation of gratuity under Section 4(2) of the Payment of Gratuity Act, 1972. The employers had computed the fifteen days' wages component as half of the employee's monthly salary, assuming a 30‑day month, while the employees …

STATE OF PUNJABversusLABOUR COURT, JULLUNDUR & ORS

1979 INSC 210Appeal(s) allowed

The Supreme Court examined whether the Hydel Upper Bari Doab Construction Project, undertaken by the Punjab Hydel Department, qualified as an "establishment" under Section 1(3)(b) of the Payment of Gratuity Act, 1972, and whether the retrenchment of its workers entitled them to gratuity. It held …