payment of gratuity will be made even if the
full year of service is not completed."
17. The gratuity amount was calculated ... NCWA-II the gratuity for
of six months, the employer service upto 30 years will be
shall pay gratuity to an calculated at the rate
date of 1.4.1995 would also be entitled to the gratuity calculated in
accordance with the provisions of the Government of Punjab order dated ... death gratuity and retirement gratuity under
the Central Civil Services (Pension) Rules, 1972. Further, it was directed
that the ceiling on gratuity would stand enhanced
allowance
would be
182
included as part of his wages for calculating gratuity,
HELD : (1) Since the definition of 'an employes in the
Industrial ... payable to the respondent either as
due to him or for calculating gratuity. Before the Labour
Court the company did not dispute the value
Chief Engineer vs Smt. Shilpa Laghate on 26 November, 2015
Author: Sanjay Yadav
Bench: A
rent and medical allowance were
not to be calculated as part of salary for calculating the gratuity.
6. We are eschewing the discussion ... taken into
account while calculating gratuity. In other words, gratuity
cannot be calculated on basic salary alone. As per the
affidavit filed by the Managing
result, the petitioner
Bank has calculated gratuity amount under the Act, 1972, wherein
"Wage" includes dearness allowance and then the cap or upper ... calculated, as opposed to that of
an "officer", "Pay" for the purposes of calculation of gratuity is to
include basic
provisions
of the Payment of Gratuity Act 1972, the amount of
gratuity shall be calculated in accordance with the
provisions of that ... express provisions of the petitioner’s
gratuity scheme, their gratuity has to be calculated as
per the statutorily prescribed rate and ceiling limit
under Sections
with regard to the gratuity,
those who have retired on or after 23rd September 2009, their
gratuity would be calculated at revised scale ... group, for the purposes of calculating
gratuity, the pay revision with retrospective effect is
ignored and gratuity is calculated on the last unrevised
pay drawn
gratuity payable to respondent no. 3 under the Payment of Gratuity Act as well as the Regulation 69 (3) (ii)
A- Gratuity calculation ... Maximum Gratuity Ceiling as per Act is Rs.3,50,000/- Gratuity payable as per (A) = Rs. 3,50,000/-
B- Gratuity calculation
from the pleadings is whether the
computation of the period for calculating gratuity should
be on the basis of wages for 26 days ... month is understood to mean 30 days, but the
manner of calculating gratuity payable under the Act to
the employees who work for 26 days
