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1 - 10 of 13 (0.40 seconds)THE PAYMENT OF GRATUITY ACT, 1972
Management Of Tournamulla Estate vs Workmen on 26 March, 1973
Reliance has been placed by Mr. Rana Mukherjee, learned counsel
appearing on behalf of Respondent No. 1 on Management of Tournamulla
Estate v. Workmen [1973 (3) SCR 762]. In that case, this Court was
concerned with a scheme of gratuity. The scheme contained a provision
which was in pari materia with Section 4(6)(b) of the Act. The said scheme
was upheld stating:
Bharath Gold Mines Ltd. vs Reg. Labour Commissioner (Central) And ... on 4 July, 1986
Reliance has also been placed upon a decision of Karnataka High
Court in M/s. Bharath Gold Mines Ltd. v. The Regional Labour
Commissioner (Central), Bangalore and others [1986 Lab. I.C. 1976]. In
that case it was held that before the amount of gratuity can be directed to be
forfeited, an opportunity of hearing must be given. The said decision may
not have any application to the fact of the present case as opportunity of
hearing was given both to the employer as also the employee by the
authority.
D.V. Kapoor vs Union Of India And Ors on 7 August, 1990
Reliance placed by Mr. Mukherjee on a decision of this Court in D.V.
Kapoor v. Union of India and Others [(1990) 4 SCC 314] is misplaced.
Therein having regard to the provisions of the Civil Services and Conduct
Rules, it was held that a departmental proceeding can be continued even
after allowing the delinquent employee to voluntarily retire. However,
therein the rules provided for withholding or withdrawing pension
permanently. In that case itself, it was opined:
Article 12 in Constitution of India [Constitution]
Section 5 in Coal Mines (Nationalisation) Act, 1973 [Entire Act]
Section 3 in THE PAYMENT OF GRATUITY ACT, 1972 [Entire Act]
Section 7 in THE PAYMENT OF GRATUITY ACT, 1972 [Entire Act]
Balbir Kaur & Anr vs Steel Authority Of India Ltd. & Ors on 5 May, 2000
In Balbir Kaur and Another v. Steel Authority of India Ltd. and
Another [(2000) 6 SCC 493], this Court opined: