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1 - 8 of 8 (0.43 seconds)The Industrial Disputes Act, 1947
THE PAYMENT OF GRATUITY ACT, 1972
Sita Ram & Ors vs Moti Lal Nehru Farmers Training ... on 5 March, 2008
The Appellate Authority, according to the
respondent no.4 (employer), therefor has come to a right
conclusion disallowing the claim for gratuity between
1968 and 1973. The respondent no.4 also says that the
ratio laid down in Sita Ram (supra) is binding in this case
though the petitioner says that the said judgment having
been rendered in the context of Industrial Disputes Act,
1947 (in short, I. D. Act) is not applicable in a case under
1972 Act. The respondent no.4 also submits that the
Appellate Authority has rightly rejected the petitioner's
claim for gratuity between 7th July, 2006 and 15th July,
2012, although on a different ground from that adopted
by the Controlling Authority. It is correct, according to
the respondent no.4, that the petitioner could not produce
any substantive document for the period between 7th July,
2006 and 15th July, 2012. That apart and in any event,
on having attained the age of superannuation on 7th July,
2006 is not entitled to receive gratuity in view of the
provisions of the standing orders applicable to jute
industry including the respondent no.4.
Lalappa Lingappa & Ors vs Laxmi Vishnu Textile Mills Ltd., ... on 11 February, 1981
The petitioner says that the appellate authority
erred in law by considering Lalappa Lingappa (supra) as
by virtue of the amendment brought into the 1972 Act on
11th February, 1981 by introducing Section 2A the
requirement of 240 days in a calendar year is no more in
the statute. The judgement of Lalappa Lingappa was also
delivered on 11th February, 1981.
Hetram Sahu vs State Of Chhattisgarh 102 Sa/321/2003 ... on 5 December, 2018
The petitioner then relies upon the judgement
reported in 2018 (157) FLR 477 - 2018 (5) SCC 430
(Netram Sahu vs. State of Chhattisgarh & Anr. By relying
upon the said judgement the writ petitioner says that
once the writ petitioner was made permanent on 25th
June, 1978, irrespective of his nature of work prior to
such date he becomes entitled to claim and receive
gratuity from his initial entry at his employers' place i.e.
18th October, 1968. The writ petitioner also says that the
appellate authority had erred in law by disallowing his
claim for gratuity between 7th July, 2006 and 15th July,
2012. The writ petitioner says that there is no dispute
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that he did not work continuously between 7th July, 2006
and 15th July, 2012. The only objection by the employer is
that he is not entitled to receive gratuity after he has
attained the age of superannuation as per standing orders
applicable to the respondent no.4.
The Code of Civil Procedure, 1908
Section 2A in The Industrial Disputes Act, 1947 [Entire Act]
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