cases of dismissal for
misconduct, for. such cases cannot be treated as cases of
meritorious service, and
941
secondly, the provision in such cases ... Wenger & Co. 's case and Motipur
Zamindari (P) Ltd.'s case applies only to
those cases where there
were entitled to gratuity on the following terms:
(i) eligibility to receive Minimum 5 years of
service
gratuity
(ii) rate of gratuity 26 days ... employee who receives gratuity under
a provision other than the Gratuity Act , would be entitled to better
terms of gratuity, will constitute
superannuation
when introducing a gratuity scheme; (7) Whether gratuity
should have been awarded even in cases of dismissal for
misconduct; (8) Whether provision should have ... appropriate cases may give rise to an
industrial dispute.
In Garment Cleaning Works ' case(1) it was observed
that gratuity is not paid
contribution. Likewise, the
gratuity schemes may also provide differing qualifying
service for entitlement to gratuity. It is true that in the
case of gratuity ... under which an employee becomes entitled to gratuity, are as
follows:
"4. Payment of gratuity.- (1) Gratuity shall
be payable to an employee
Ahmedabad Municipal Corporation case [supra] as well as the Nundydrooq Mines Ltd. case [1956] LAC 265, 267 were cases where gratuity was to be allowed ... under which an employee becomes entitled to gratuity, are as follows:
4. Payment of Gratuity.-[1] Gratuity shall be payable to an employee
December 2016 claiming gratuity from the Bank.
Thereafter, notice of forfeiture of gratuity was issued by the Bank for
forfeiture of gratuity on 24th March ... submits that
the case of his client is slightly different from the case of Mr. Chaturvedi. In
his case, Employee No.2 was dismissed from
accordance with the Payment of
Gratuity Act, 1972 so that he can get the gratuity amount.
A gratuity case was initiated by the concerned Controlling ... overriding effect of the Payment of
Gratuity Act, 1972 (vide section 14 thereof) and in a gratuity case
the certificate debtor (here the Jute Mill
amount of gratuity. But unfortunately respondent No.1 has approached
controlling authority constituted under Payment of Gratuity Act by
filing Gratuity Case ... employee is entitled to gratuity under the Payment of Gratuity
Act,1972 ."
16.2 The
Delhi High Court in case of Municipal Corporation of Delhi
Gratuity Act which give power to employer to withhold amount of
gratuity, only power is to forfietion or forfeited amount of
gratuity in case ... gratuity but there is
distinction between forfeiture and to withhold amount of gratuity.
Therefore, action of petitioner withholding amounts of gratuity
because of CBI case
authority under the Gratuity Act cannot
entertain such claim of higher amount of
gratuity. In the facts of the case, it does not
appear that ... amount of gratuity so
determined and arrange to pay the amount of gratuity to
the person to whom the gratuity is payable.
43. The scheme
