Search Results Page
Search Results
1 - 8 of 8 (0.24 seconds)Municipal Corporation Of Delhi vs Dharam Prakash Sharma And Anr. on 29 July, 1998
"4. The learned Single Judge, has relied upon the dicta of the
Apex Court in the case of Municipal Corporation of Delhi v.
Dharam Prakash Sharma and Anr. (1998) 7 S.C.C. 221
W.P. (C) 3263/2012 Page 8 of 11
wherein it is stated,
We have examined carefully the provisions of the
Pension Rules as well as the provisions of the
Payment of Gratuity Act. The Payment of Gratuity
Act being a special provision for payment of
gratuity unless there is any provision therein
which excludes its applicability to an employee
who is otherwise governed by the provision of the
Pension Rules it is not possible for us to hold that
the Respondent is not entitled to the gratuity under
the Payment of Gratuity Act. The mere fact that the
gratuity is provided for under the Pension Rules
will not disentitle him to get the payment of
gratuity under the Payment of Gratuity Act. In
view of the overriding provisions contained in
Section 14 of the Payment of Gratuity Act, the
provision for gratuity under Pension Rules will
have no effect...In the aforesaid premises we are of
the considered opinion that the employees of the
MCD would be entitled to the payment of gratuity
under the Payment of Gratuity Act not with
standing the fact that the provisions of Pension
Rules have been made applicable to them for the
purpose of determining the pension. Needless to
mention that the employees cannot claim gratuity
available under Pension Rules.
The Delhi Electricity Reform Act, 2000
M.C.D. vs Nand Kishore on 4 December, 2002
11. The issue raised by the petitioner before the learned Controlling
Authority has been dealt with in the case of M.C.D. vs. Nand Kishore
(supra) by this Court, wherein it was held that "as the non-payment of
gratuity is a continuing offence so no limitation applies". When the
employer has benefited itself by the money belonging to employees he
cannot resist a claim for gratuity on technical plea of limitation.
Section 14 in THE PAYMENT OF GRATUITY ACT, 1972 [Entire Act]
Section 2 in THE PAYMENT OF GRATUITY ACT, 1972 [Entire Act]
Section 15 in THE PAYMENT OF GRATUITY ACT, 1972 [Entire Act]
Kerala State Electricity Board vs R.Mohankumar on 5 July, 2007
21. Following the dictum of Municipal Corporation of Delhi Vs.
Dharam Prakash Sharma & Anr. (supra), the Kerala High Court in the
case bearing W.A.No. 1062 of 2003 & W.A.No. 1938 of 2004, titled as
„Kerala State Electricity Board Vs. R. Mohankumar', decided on
08.01.2008, held as under:-
1