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1 - 10 of 10 (0.29 seconds)The Delimitation Act, 1972
THE PAYMENT OF GRATUITY ACT, 1972
Section 14 in THE PAYMENT OF GRATUITY ACT, 1972 [Entire Act]
Section 7 in The Delimitation Act, 1972 [Entire Act]
D.S. Nakara & Others vs Union Of India on 17 December, 1982
In D.S. Nakara & Others vs Union Of India [(1983) 1
SCC 305], the Supreme Court held that the gratuity is a social welfare
measure rendering socioeconomic justice by providing economic
security in the fall of life when physical and mental prowess is ebbing
corresponding to ageing process and, when one falls back on savings,
such payment would not be withheld unless specifically prohibited by
any statutory provision.
Section 4 in THE PAYMENT OF GRATUITY ACT, 1972 [Entire Act]
D.V. Kapoor vs Union Of India And Ors on 7 August, 1990
24. Thus, in the light of discussions made above and in view
of the ratio laid down by the Supreme Court, it is apparent that the
gratuity may be forfeited either partially or in full from an employee
during his service, whose service is terminated for any act, willful
omission or negligence causing any damage or loss to, or destruction
of property belonging to the employer or if the service of such
employee is terminated for his riotous or disorderly conduct or any
other act of violence on his part or if the service of such employee is
terminated for any act which constitutes an offence involving moral
turpitude, provided that such offence is committed in the tenure of
employment. In the present case, it is not the case of the petitioner
that the service of the respondent no.4 was terminated for any of the
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abovesaid reasons, so as to withhold his gratuity wholly or partially
within the provisions of Section 4(6) of the Act, 1972.
Jaswant Singh Gill vs M/S. Bharat Coking Coal Ltd. & Ors on 10 November, 2006
In Jaswant Singh Gill vs M/S. Bharat Coking Coal Ltd.
& Ors [(2007) 1 SCC 663], the Supreme Court held that the rules
framed under the Coal India Executives' Conduct Discipline and
Appeal Rules, 1978, which provides for forfeiture of gratuity, were
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not statutory rules and the provisions of the Act, 1972 must,
therefore, prevail over the rules.
Section 7 in THE PAYMENT OF GRATUITY ACT, 1972 [Entire Act]
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