Section 4 of the Payment of Gratuity
Act, 1972.
12. The respondent amended its Gratuity Rules as and when
there was amendment in the provisions ... therefore,
entitled to Payment of Gratuity only in terms of Payment of Gratuity
Act, 1972 and the Gratuity Rules framed by the respondent
company
relevant extracts of Rule 10 of CCS(CCA) Rules, 1965 and Rules
9 & 69 of the CCS( Pension) Rules for a proper understanding ... pension as per Rule 69 of the Pension Rules.
21. Rule 69(1) (c) in no uncertain terms states that no
gratuity shall be paid
also, while gratuity under the Gratuity Act is calculated on the basis of 1/26 x monthly wages, gratuity under the Rules is calculated ... payment of gratuity under the Payment of Gratuity Act . The mere fact that the gratuity is provided for under the Pension Rules will not disentitle
Provision contains under Rule 50 and Rule 10(2) CCS Rules
1965 the admissible (as per ANNEXURE-1-4) death gratuity ... years. Therefore, under Rule 50
and Rule 10(2) of CCS Rules 1965 the admissible (ANNEXURE
1-4) death gratuity Rs. 2,55,600/- (ANNEXURE
Muster Roll period).
3. That as per Rule 50, Rule 10(1-B), CCS (TS) Rule
1965retirement gratuity is admissible to all employees who retire ... submitted that as per Rule 50, Rule 10(1-B), CCS (TS) Rule
1965, the retirement gratuity is payable to all the employees who retire
Provision contains under
Rule 50 and Rule 10(2) CCS Rules 1965 the admissible (as per
ANNEXURE 1-4) death gratuity Rs. 36,884/- (ANNEXURE ... than 20 years. Therefore, under Rule 50
and Rule 10(2) of CCS Rules 1965 the admissible death
gratuity (ANNEXURE
Payment of Gratuity (Central) Rules, 1972,
(hereinafter "Rules") any application for a claim of gratuity amount has to be
filed within 90 days ... interest is important in the payment of gratuity in case of delay of payment in
gratuity by the employer as per section
respective Rules. Attention of the Court is drawn to Rules 5(1) &
8(2) of the ONGC Death Retirement and Terminal Gratuity Rules ... follows :-
"Rule 5 (1) of ONGC Death Retirement & Terminal Gratuity
Rules, 1995:-
"5.PAYMENT OF GRATUITY:
(1) Gratuity shall be payable
relevant rules, namely, Rules 9 and 69 of the
CCS (Pension) Rules and Rule 39(3) of the Leave Encashment Rules and
the same read ... opinion, the language of sub-Rule (4) of Rule 9 of the
Pension Rules read with Rule 69 makes it abundantly clear that the
disciplinary
Rules 25 and 26 of the IRCON Conduct Discipline and Appeal Rules 1981 read with Rule 11(c) of the IRCON Employees Group Gratuity Trust ... case there was a specific rule namely Rule 241-A of the Junagadh State Penson and Parwashi Allowance Rules, 1932 which enabled the imposition
