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Agartala Municipal Corporation vs Smt. Ratna Roy on 19 February, 2024 cites

Sri Samir Kumar Ghosh vs The State Of Tripura on 29 May, 2020

[6.5] The learned Single Judge while allowing the writ petition filed by the respondent No.1 relied on the earlier judgment of the learned Single Judge of this Hon‟ble High Court rendered in the case of Sri Samir Kumar Ghosh versus the State of Tripura & others in WP(C) No.1091/2017 as upheld by the learned Division Bench of this Hon‟ble High Court in W.A. No.185/2020. A perusal of the said judgments passed by the learned Single Judge of this Hon‟ble High Court and the learned Division Bench of this Hon‟ble Court would show that at the time when those judgments were delivered the aforesaid grounds that already CCS (Pension) Rules, 1972 has been adopted for Agartala Municipal Corporation and by a process of adoption Agartala Municipal Corporation has been exempted from the purview of Payment of Gratuity Act, 1972 and existence of other Rules regulating the Payment of Gratuity of employees of Agartala Municipal Corporation was not considered by the Hon‟ble High Court.
Tripura High Court Cites 12 - Cited by 3 - A Kureshi - Full Document

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

In this regard, we deem it proper to rely upon the case of Municipal Corporation of Delhi versus Dharam Prakash Sharma and another, (1998) 7 SCC 221 wherein the Apex Court had the occasion to consider whether an employee of the Municipal Corporation of Delhi (MCD) would be entitled to payment of gratuity under the Payment of Gratuity Act when the MCD had adopted the provisions of the CCS (Pension) Page 36 of 42 Rules, 1972, whereunder there was a provision both for payment of pension as well as of gratuity. The question has been answered at paragraph-2 of the judgment which is extracted hereunder as it answers any doubt about the applicability of CCS (Pension) Rules 1972 to the employees of AMC in the absence of a notification by the State Government in exercise of the powers under Section 5 of the Act of 1972. The paragraph-2 of the said judgment is extracted hereunder:
Supreme Court of India Cites 4 - Cited by 151 - Full Document
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