empowered to withhold pension under any
circumstances. Rule-43 of Bihar Pension Rules is a
Statutory Rule. Hence, the provisions contrary to it
by different ... conscious omission on the
part of the rule maker. The rule maker knew that pension
includes gratuity and when they speak about payment of
provisional
empowered to withhold pension under any
circumstances. Rule-43 of Bihar Pension Rules is a
Statutory Rule. Hence, the provisions contrary to it
by different ... conscious omission on the
part of the rule maker. The rule maker knew that pension
includes gratuity and when they speak about payment of
provisional
definition of workman in the Rules of 1987
(Supra).
6. That per Rule 5 (2) of the aforesaid Rules, it
has been specifically provided that ... Gratuity Service Rules, 1987 (hereinafter to
be referred as the Rules). Petitioner continued under
employment in terms of the Rules and the Rules
continued
grant of pension. As noted above Rule 2 of 1978 Rules
excludes certain categories from application of rules. One of
such category is "persons ... retirement, in accordance with the provisions
of Rule 42. Rule 38(1) deals with Compensation pension. Rule
38(1) is as follows:
“38. Compensation pension
Pension)
Rules 1982 (MCS Pension Rules) and the Government
Resolution dated 6th May 1991. Mr. Pendse submits that in
terms of the rules, gratuity becomes ... substantially similar to Rule 130 of the MCS (Pension) Rules
1982 in material aspects. Rule 46 of 1995 Rules had
provided that where departmental
Rule 30-A of the sub-rules,
that the respondent cannot wish away Section 4(6) of the Act. Sub-
Rule (ii) of Rule ... therefore, must prevail over
the Rules. Rule 27 of the Rules provides for recovery from
gratuity only to the extent of loss caused
said GCSR contains provision with regard to
gratuity. The provisions related to gratuity are found under
Rule 80(1) of GCSR.
20.2 The said provision ... Gratuity Act, 1972 to claim gratuity.
21.4 Even if it is assumed that the petitioner can invoke
provision under the Act to claim gratuity though
said Act
read with Rule 18 of the Payment of Gratuity
(Central) Rules, 1972 had not been complied
with and under such circumstances, the
learned ... Payment of Gratuity Act and Rule 18 of
the Payment of Gratuity Rules (Central), 1972
will indicate that unless the Memorandum of
Appeal is accompanied
referred to the SAIL Gratuity Rules, more
particularly Rule-3.2.1(b), which reads as under:
3.2.1(b) The gratuity shall be admissible to an employee ... case. Since the payment of gratuity has already been made as per the
said clause of the gratuity rules meant for Steel Authority of India
Gratuity Act, 1972 and
clause 3 to Schedule “A” of the Banks Gratuity Rules,
the Bank has decided to forfeit an amount ... That the Act must prevail over the Rules on Payment of
Gratuity framed by the employer is also a settled position as per
Jaswant Singh
