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1 - 7 of 7 (1.95 seconds)Section 14 in THE PAYMENT OF GRATUITY ACT, 1972 [Entire Act]
Section 3 in THE PAYMENT OF GRATUITY ACT, 1972 [Entire Act]
Section 5 in THE PAYMENT OF GRATUITY ACT, 1972 [Entire Act]
THE PAYMENT OF GRATUITY ACT, 1972
Section 2 in THE PAYMENT OF GRATUITY ACT, 1972 [Entire Act]
Nagar Ayukt Nagar Nigam vs Sri Mujibullah Khan. on 2 April, 2019
[6] The question of an employee of the Municipalities being
governed by the said Act has been considered and decided by the Supreme
Court in case of Nagar Nigam Gorakhpur(supra). In the said case, the
respondent was an employee of Municipal Corporation, Kanpur. The
employee had claimed gratuity before the controlling authority under the
said Act. It was argued on behalf of the Municipal Corporation that the
gratuity payable to the employee is in accordance with the Retirement
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Benefits and General Provident Fund Regulations, 1962 and not in terms of
the said Act. It was argued that as per a provision of the UP Act, the said
Act would not apply to Government or local bodies. The Supreme Court
noted that the Central Government had published a notification dated 8th
January, 1982 providing that in specified local bodies in which 10 or more
persons are employed or were employed in any day preceding 12 months
would be covered by the said Act. Referring to Section 14 of the said Act
giving overriding effect to the provisions of the Act over other statutes, the
Supreme Court held that employees of the municipalities would be
governed by the said Act, notwithstanding any statutory provision
contained to the contrary in the state Act. Relevant observations made by
the Supreme Court read as under :
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