Payment of Gratuity Act, 1972

Supreme Court clarifies forfeiture of gratuity on misconduct: Western Coal Fields Ltd. vs. Manohar Govinda Fulzele (2025) INSC 233 (17 February 2025)

/ General Clauses Act, Judges, K. Vinod Chandran, Payment of Gratuity Act, 1972, Payment of Gratuity Act, 1972 with Section 4(5), Payment of Gratuity Act, 1972 with Section 4(6), Sudhanshu Dhulia

Date of the Judgment: February 17, 2025 Citation: 2025 INSC 233 Judges: Justices Sudhanshu Dhulia and K. Vinod Chandran Can an employer forfeit an employee’s gratuity if the employee is terminated for misconduct involving moral turpitude, even without a criminal conviction? The Supreme Court of India addressed this critical question in the case of Western […]

Supreme Court clarifies forfeiture of gratuity on misconduct: Western Coal Fields Ltd. vs. Manohar Govinda Fulzele (2025) INSC 233 (17 February 2025) Read Post »

Gratuity for Teachers: Supreme Court Upholds Retrospective Application of Payment of Gratuity Act in Private Schools (29 August 2022)

/ Bela M. Trivedi, Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Judges, Payment of Gratuity Act, 1972, Payment of Gratuity Act, 1972 with Section 13A, Payment of Gratuity Act, 1972 with Section 2(e), Sanjiv Khanna

Supreme Court Upholds Retrospective Gratuity for Teachers in Private Schools LEGAL ISSUE: Whether the retrospective amendment to the Payment of Gratuity Act, 1972, extending gratuity benefits to teachers in private educational institutions, is constitutionally valid. CASE TYPE: Labour Law/Service Law Case Name: Independent Schools’ Federation of India (Regd.) vs. Union of India and Another [Judgment

Gratuity for Teachers: Supreme Court Upholds Retrospective Application of Payment of Gratuity Act in Private Schools (29 August 2022) Read Post »

Supreme Court clarifies Gratuity Calculation: BCH Electric Ltd. vs. Pradeep Mehra (29 April 2020)

/ Judges, Payment of Gratuity Act, 1972, Payment of Gratuity Act, 1972 with Section 4(2), Payment of Gratuity Act, 1972 with Section 4(3), Payment of Gratuity Act, 1972 with Section 4(5), Sanjiv Khanna, Uday Umesh Lalit

Supreme Court Clarifies Gratuity Calculation Under Payment of Gratuity Act LEGAL ISSUE: Whether an employee is entitled to gratuity under the Payment of Gratuity Act, 1972, or under a separate scheme by the employer, and whether they can choose the beneficial parts of both. CASE TYPE: Labour Law/Service Law Case Name: BCH Electric Limited vs.

Supreme Court clarifies Gratuity Calculation: BCH Electric Ltd. vs. Pradeep Mehra (29 April 2020) Read Post »

Supreme Court clarifies Voluntary Retirement vs. Resignation in Rajasthan State Road Transport Corporation Case (15 April 2020)

/ A.S. Bopanna, Judges, Payment of Gratuity Act, 1972, Payment of Gratuity Act, 1972 with Section 4(1)(b), R. Banumathi, Rajasthan Civil Services Pension Rules, 1996, Rajasthan Civil Services Pension Rules, 1996 with Rule 50, Resignation, Service Law, Voluntary Retirement

Supreme Court clarifies Voluntary Retirement vs. Resignation in Rajasthan State Road Transport Corporation Case LEGAL ISSUE: Whether an employee’s application for voluntary retirement, if not explicitly accepted, can be deemed accepted, especially when followed by a resignation. CASE TYPE: Service Law Case Name: Rajasthan State Road Transport Corporation Ltd. & Ors. vs. Smt. Mohani Devi

Supreme Court clarifies Voluntary Retirement vs. Resignation in Rajasthan State Road Transport Corporation Case (15 April 2020) Read Post »

Supreme Court clarifies Gratuity Payment for Municipal Employees: Nagar Ayukt Nagar Nigam vs. Mujib Ullah Khan (2019)

/ Hemant Gupta, Judges, Mohan M. Shantanagoudar, Payment of Gratuity Act, 1972, Payment of Gratuity Act, 1972 with Section 1(3), Payment of Gratuity Act, 1972 with Section 14, Retirement Benefits and General Provident Fund Regulations, 1962, Uttar Pradesh Municipal Corporation Act, 1959

Supreme Court clarifies Gratuity Payment for Municipal Employees: Nagar Ayukt Nagar Nigam vs. Mujib Ullah Khan (2019) LEGAL ISSUE: Applicability of the Payment of Gratuity Act, 1972 to municipal employees and the overriding effect of the Act over State regulations. CASE TYPE: Labour Law Case Name: Nagar Ayukt Nagar Nigam, Kanpur vs. Sri Mujib Ullah

Supreme Court clarifies Gratuity Payment for Municipal Employees: Nagar Ayukt Nagar Nigam vs. Mujib Ullah Khan (2019) Read Post »

Supreme Court Upholds Gratuity Act for Municipal Employees: Nagar Ayukt Nagar Nigam vs. Mujib Ullah Khan (2019)

/ Hemant Gupta, Judges, Mohan M. Shantanagoudar, Payment of Gratuity Act, 1972, Payment of Gratuity Act, 1972 with Section 1(3), Payment of Gratuity Act, 1972 with Section 14, Retirement Benefits and General Provident Fund Regulations, 1962, Uttar Pradesh Municipal Corporation Act, 1959, Uttar Pradesh Municipal Corporation Act, 1959 with Section 548

Supreme Court Upholds Gratuity Act for Municipal Employees: Nagar Ayukt Nagar Nigam vs. Mujib Ullah Khan (2019) LEGAL ISSUE: Applicability of the Payment of Gratuity Act, 1972 to municipal employees. CASE TYPE: Civil Law, Labour Law. Case Name: Nagar Ayukt Nagar Nigam, Kanpur vs. Sri Mujib Ullah Khan and Another. [Judgment Date]: April 2, 2019

Supreme Court Upholds Gratuity Act for Municipal Employees: Nagar Ayukt Nagar Nigam vs. Mujib Ullah Khan (2019) Read Post »

Supreme Court Revisits Gratuity for Teachers: Birla Institute of Technology vs. State of Jharkhand (2019)

/ Abhay Manohar Sapre, Gratuity, Indu Malhotra, Judges, Labour Law, Payment of Gratuity Act, 1972, Payment of Gratuity Act, 1972 with Section 2(e)

Supreme Court Revisits Gratuity for Teachers: Birla Institute of Technology vs. State of Jharkhand (2019) LEGAL ISSUE: Whether teachers are considered “employees” eligible for gratuity under the Payment of Gratuity Act, 1972. CASE TYPE: Labour Law/Gratuity Case Name: Birla Institute of Technology vs. The State of Jharkhand & Ors. Judgment Date: March 7, 2019 Date

Supreme Court Revisits Gratuity for Teachers: Birla Institute of Technology vs. State of Jharkhand (2019) Read Post »

Supreme Court Stays Judgment on Gratuity Act Amendment: Birla Institute of Technology vs. State of Jharkhand (2019)

/ Abhay Manohar Sapre, Indu Malhotra, Judges, Payment of Gratuity Act, 1972, Payment of Gratuity Act, 1972 with Section 2(e), R. Subhash Reddy, Rehearing, Retrospective Amendment, Suo Motu Action, Supreme Court Judgments

Supreme Court Stays Judgment on Gratuity Act Amendment: Birla Institute of Technology vs. State of Jharkhand (2019) LEGAL ISSUE: Retrospective application of the amended definition of “employee” under the Payment of Gratuity Act, 1972. CASE TYPE: Service Law/Gratuity Case Name: Birla Institute of Technology vs. The State of Jharkhand & Ors. Judgment Date: 9 January

Supreme Court Stays Judgment on Gratuity Act Amendment: Birla Institute of Technology vs. State of Jharkhand (2019) Read Post »

Supreme Court clarifies gratuity eligibility for teachers under the Payment of Gratuity Act: Birla Institute of Technology vs. State of Jharkhand (2019)

/ Abhay Manohar Sapre, Employee Rights, Gratuity, Indu Malhotra, Judges, Labour Law, Payment of Gratuity Act, 1972, Payment of Gratuity Act, 1972 with Section 1(3)(c), Payment of Gratuity Act, 1972 with Section 2(e)

Supreme Court clarifies gratuity eligibility for teachers under the Payment of Gratuity Act: Birla Institute of Technology vs. State of Jharkhand (2019) LEGAL ISSUE: Whether teachers are considered “employees” under the Payment of Gratuity Act, 1972, and thus eligible for gratuity benefits. CASE TYPE: Labour Law Case Name: Birla Institute of Technology vs. The State

Supreme Court clarifies gratuity eligibility for teachers under the Payment of Gratuity Act: Birla Institute of Technology vs. State of Jharkhand (2019) Read Post »

Supreme Court Restricts Employer’s Power to Add “Break in Service” as Punishment: Sri Ramnarayan Mills Ltd. vs. Coimbatore District Textile Workers Union (2018)

/ Abhay Manohar Sapre, Indu Malhotra, Industrial Disputes, Industrial Law, Judges, Payment of Gratuity Act, 1972, Payment of Gratuity Act, 1972 with Section 2(c), Standing Orders

Supreme Court Restricts Employer’s Power to Add “Break in Service” as Punishment: Sri Ramnarayan Mills Ltd. vs. Coimbatore District Textile Workers Union (2018) LEGAL ISSUE: Whether an employer can add “break in service” as a form of punishment in the certified standing orders. CASE TYPE: Industrial Dispute Case Name: The Management of Sri Ramnarayan Mills

Supreme Court Restricts Employer’s Power to Add “Break in Service” as Punishment: Sri Ramnarayan Mills Ltd. vs. Coimbatore District Textile Workers Union (2018) Read Post »

Supreme Court allows gratuity claim for employee with continuous service: Netram Sahu vs. State of Chhattisgarh (2018)

/ Abhay Manohar Sapre, Continuous Service, Judges, Labour Law, Payment of Gratuity Act, 1972, Payment of Gratuity Act, 1972 with Section 2(e), Payment of Gratuity Act, 1972 with Section 2A, R. K. Agrawal, Regularization of Service

Supreme Court allows gratuity claim for employee with continuous service: Netram Sahu vs. State of Chhattisgarh (2018) LEGAL ISSUE: Whether an employee is eligible for gratuity for the entire period of service including the period as a daily wager, when the services were subsequently regularized. CASE TYPE: Labour Law Case Name: Netram Sahu vs. State

Supreme Court allows gratuity claim for employee with continuous service: Netram Sahu vs. State of Chhattisgarh (2018) Read Post »

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