before me that the Bank has framed Gratuity Rules and as per rule 3 of the Gratuity Rules, the Bank is entitled to forfeit ... within the parameters of rule 3 of the Gratuity Rules. Rule 3 of the Gratuity Rules of the Bank reads as under:
"In case
Gratuity Act, 1972 and the employees of the Gujarat Labour Welfare Board can claim gratuity only in accordance with the Gratuity Rules, which are applicable ... Board that the claim of the Gratuity can be sustained only with reference to Gratuity Rules, as are applicable to the Board, is not tenable
benefits of Gratuity Act as well as Civil Service Rule (Pension) Rules. Whether Rules prevailed or the Act, that question was also examined ... Service) Rules, 1976, on a perusal of these rules it is conceded that there is no provision in these rules for payment of gratuity
Death - cum - Retirement Gratuity :
(1) (a) A Government employee, who has become
eligible for service gratuity or pension under
Rule 80 shall, on his retirement ... entitle him to get the gratuity either under
the Payment of Gratuity Act, 1972 or under
the CCS (Pension) Rules, 1972 ?"
12.3 After considering
under the Payment of Gratuity
Act, 1972 and thereafter is he entitled to
get the gratuity under the CCS (Pension)
Rules, 1972 for the period ... entitle him to get the gratuity either under
the Payment of Gratuity Act, 1972 or under
the CCS (Pension) Rules, 1972 ?"
12.3 After considering
this Court has considered the aforesaid Rules and in particular Rule Nos. 17 & 18 of P.F. Rules and it has laid down ... Personnel, C.O. Bombay that gratuity of the petitioner was fully forfeited as per the Gratuity Rules, because financial loss that was likely
benefits of Gratuity Act as well as Civil Service
Rule (Pension) Rules. Whether Rules prevailed or the Act, that
question was also examined ... Service) Rules,1976, on a perusal of
these rules it is conceded that there is no provision in these rules
for payment of gratuity
Services (Pension) Rules, 2002 and relied
on Rule 145 of said Rules. It is claimed that the
corporation has adopted said Rules. The relevant
provisions ... under subrule (3) of
rule 142 if the same is not sanctioned under subrule (1).
(ii) 100 per cent of gratuity as determined
Service) Rules,1976, on a perusal of these rules it is conceded that
there is no provision in these rules for payment of gratuity ... gratuity. On the enactment of Payment of Gratuity Act,
1972 a statutory liability was cast on the employer to pay
gratuity."
19. Gratuity
payable
Government prescribed rules known as Rules, 1973. Rule 2 of the said Rules provides for certain definitions. Rule 7 of the said Rules provides ... with application for direction. Rule 15 of the Rules provides service of summons or notice. Rule 16 of the Rules provides maintenance of records
