gratuity are the
terms and conditions that regulate the contract of service/contract
of employment between the employees like the petitioners and the
employer concerned ... long as there is an award or agreement or contract
envisaging better terms of gratuity not only for an individual
employee but also
Gratuity Act will over-ride any statutory rules, regulating
payment of gratuity to the employes, unless exemption under Section
5 of the Gratuity ... provisions of the Gratuity Act to pay less gratuity than is otherwise
payable under the statute, rules, regulations, contract, agreement or
award. The contention
goods or
articles of manufacture to such establishment, through
contract labour or who supplies contract labour for any
work of the establishment and includes ... gratuity is not
payable by the petitioner because gratuity is not a component of wages under section
2(s) of the Payment of Gratuity
retired
employees also, subject however to their refunding the gratuity already received. The
refund of gratuity therein was a condition imposed for availing pension ... holding that even
while interpreting a beneficient statute like the Gratuity Act , either a contract has to be
given effect to or the statute
retired
employees also, subject however to their refunding the gratuity already received. The
refund of gratuity therein was a condition imposed for availing pension ... holding that even
while interpreting a beneficient statute like the Gratuity Act , either a contract has to be
given effect to or the statute
retired
employees also, subject however to their refunding the gratuity already received. The
refund of gratuity therein was a condition imposed for availing pension ... holding that even
while interpreting a beneficient statute like the Gratuity Act , either a contract has to be
given effect to or the statute
gratuity which apparently
contrary to the Payment of Gratuity Act . The employer petitioner is
under legal obligation to pay complete amount of gratuity to
concerned ... paid, then, no such settlement or contract is permissible
under the Payment of Gratuity Act . Therefore, this alleged settlement
is not binding to 25 workmen
documents
relating to a contract of insurance, the duty of the court is to
interpret the words in which the contract is expressed ... relevant time. In the
absence of a contract or agreement to receive better terms of
gratuity, the 1st respondent is not legally entitled for gratuity
Payment of Gratuity Act, 1972.
16. Section 4(5) of the Payment of Gratuity Act, 1972 reads as follows:
" Section 4(5) . Nothing ... employee to receive better terms of gratuity under any award or agreement or contract with the employer."
The Board of management having resolved already
gratuity. Pensionary benefits may include payment of pension as well as gratuity. One does not exclude the other. Only in cases where the gratuity component ... gratuity is concerned. The right to receive gratuity under the provisions of the Act cannot be defeated by any instrument or contract.
23.There
