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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 Page - ​5​ of 1 ​ 1 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 8​th 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 :
Supreme Court of India Cites 13 - Cited by 5 - H Gupta - Full Document
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