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Municipal Corporation Of Delhi vs Dharam Prakash Sharma And Anr. on 29 July, 1998

On a combined reading of the judgments of the Hon‟ble Apex Court in Municipal Corporation of Delhi v. Dharam Prakash Sharma & ors, and Union of India & Anr v. Manik Lal Banerjee, extracted supra, it is clear that the interpretation clause in Section 2(e) of Payment of Gratuity Act takes out from the purview of the said Act, a person who holds, inter alia, post under the Central Government and whose terms and conditions of service are governed by an Act or the Rules providing for payment of gratuity. It is also observed in Manik Lal Banerjee that the Railway Services (Pension) Rules, 1993 provide for payment of gratuity under Rule Page 38 of 40 OA No.21/323/2021 & Batch 70 to Railway servants. Thus, the Hon‟ble Apex Court held that the claim of Manik Lak Banerjee, who was a Railway employee, that his case shall be governed by Gratuity Act cannot be accepted.
Supreme Court of India Cites 4 - Cited by 151 - Full Document

Union Of India & Anr vs Manik Lal Banerjee on 26 July, 2006

On a combined reading of the judgments of the Hon‟ble Apex Court in Municipal Corporation of Delhi v. Dharam Prakash Sharma & ors, and Union of India & Anr v. Manik Lal Banerjee, extracted supra, it is clear that the interpretation clause in Section 2(e) of Payment of Gratuity Act takes out from the purview of the said Act, a person who holds, inter alia, post under the Central Government and whose terms and conditions of service are governed by an Act or the Rules providing for payment of gratuity. It is also observed in Manik Lal Banerjee that the Railway Services (Pension) Rules, 1993 provide for payment of gratuity under Rule Page 38 of 40 OA No.21/323/2021 & Batch 70 to Railway servants. Thus, the Hon‟ble Apex Court held that the claim of Manik Lak Banerjee, who was a Railway employee, that his case shall be governed by Gratuity Act cannot be accepted.
Supreme Court of India Cites 11 - Cited by 40 - S B Sinha - Full Document
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