right to receive the retirement benefits as a statutory right which cannot be frittered away. Such a right cannot be confused with the right ... a position, to give or make over (property or a right) to fix or determine (a day, time etc.), to ascribe to a given time
Tribunal may be in a position to award the gratuity as a matter of right even under the existing Rules. But a Civil Court cannot ... interest, and not a right enforceable by a suit in a court. Under the contract of service, the grant of gratuity money has been left
gratuity. It is a
complete code containing detailed provisions
covering the essential provisions of a scheme
for a gratuity. It not only creates a right ... Payment of Gratuity Act, 1972. The right to receive
gratuity is a statutory right. It is not servient to the
common law rights
right to receive the retirement benefits as a statutory right which cannot be frittered away. Such a right cannot be confused with the right ... a position to give or make over (property or a right) to fix or determine (a day, time etc.) to ascribe to a given time
A learned Single Judge of the Gujarat
High Court held that unless a specific order
for forfeiture of gratuity, either in part or as a ... a) and
(b) of the Payment of Gratuity Act, 1972 . The
right to receive gratuity is a statutory right.
It is not sub-servient
their
services were terminated. Until then the right to receive
gratuity is a contingent right and the liability to pay
gratuity continues to be a ... their services, were terminated. Until then the right to
receive gratuity is a contingent right and the liability to
pay gratuity continues to be a
voluntary retirement. It is not a bounty of the State.
Equally too of gratuity, a statutory right, earned by him-
Article 41 of the Constitution ... voluntary retirement. It is not a bounty of the
State. Equally too of gratuity, a statutory right. earned by
him. Article 141 of the Constitution
continuous service.
A statutory right accrued, thus, cannot be impaired by reason of a rule
which does not have the force of a statute ... gratuity. It is a complete code containing detailed provisions covering the
essential provisions of a scheme for a gratuity. It not only creates a right
Manager (P.A.)"
4. The Association thereafter filed a writ petition
asserting its right that its members were entitled to
receive gratuity in accordance ... appearing for
the Association that pension and gratuity are separate
retiral benefits and right to gratuity is a statutory right.
However, Shri Dhruv Mehta, learned
gratuity from attachment which is payable at
the time of retirement. It is submitted therefore that the right to
gratuity is a statutory right which ... respondent. Therefore, the
appellantÂemployer has a right to withhold the payment of
gratuity during the pendency of the disciplinary proceedings.
10. The second question
