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1 - 6 of 6 (0.21 seconds)THE PAYMENT OF GRATUITY ACT, 1972
State Farms Corporation Of India Ltd. vs P.S.Gupta on 1 July, 2014
With regard to the Clause (3), it was
clearly held that the revised pay scales would be
adopted subject to the condition that the
additional outgo by such revision for a period of
12 months should not result in more than 20%
dip in profit before tax for the year 2007-08 of
Central Public Sector Enterprises (CPSE). The
Delhi High Court held that unfortunately, the
affordability has been considered only with
respect to the revision of pay scales and not with
regard to other benefits including gratuity. It
was expected from the Board to consider the
affordability of each benefit, atleast, those to be
given from 01.01.2007 keeping in view the
parameters laid down in Official Memorandum
dated 26.11.2009. As a result, the Delhi High
Court directed the Board of the petitioner
https://www.mhc.tn.gov.in/judis organization to consider the report submitted by
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the Controlling authority and take a view on the
payment of enhanced gratuity to the respondent
therein. It was made clear that such a direction
was required to be issued, in view of the
conclusion drawn by the Court about the
affordability of grant of enhanced gratuity having
not been considered by the Board before sending
the case for approval of the Ministry of
Agriculture.”
The Code of Civil Procedure, 1908
The Sick Industrial Companies (Special Provisions) Act, 1985
Electronics Corporation Of India ... vs The Controlling Authority Under ... on 30 September, 2016
13. The learned counsel for the MFL placed reliance on the
case of Electronics Corporation of India, Hyderabad Vs. The
Controlling Authority under P.G. Act & Assistant Labour
https://www.mhc.tn.gov.in/judis
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Commissioner, Hyderabad and another passed in
W.P.No.7128 of 2015, dated 30.09.2016 of the Andhra Pradesh
High Court, wherein the gratuity was determined at the ceiling
limit of Rs.3.5 lakhs by taking into consideration the financial
impact of CPSE. The decision in Electronics Corporation of India
cannot be applied to the present case, since the CPSE therein had
restricted all the benefits under their O.M. in view of the financial
constraint including pay revision, whereby the revision was
effected on different dates to balance the financial constraint.
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