employee to receive
better terms of gratuity under any award or agreement or
contract with the employer. It is, therefore, for the employee
concerned ... were
entitled to gratuity on the following terms :
(i) eligibility to receive gratuity Minimum 5
years of service
(ii) rate of gratuity 26 days
employee to receive better
terms of gratuity under the settlement, award or the
contract. However, such would not preclude an employee
to claim gratuity under ... gratuity is concerned, it is apparent that in cases
where gratuity of an employee is not regulated
under the provisions of the Gratuity
employee
to receive better terms of gratuity under the
settlement, award or the contract. However, such
would not preclude an employee to claim gratuity
under ... gratuity is concerned, it is apparent that in cases
where gratuity of an employee is not regulated
under the provisions of the Gratuity
Gratuity Act, 1972
(hereinafter referred to as, the Gratuity Act ). In our considered
view, Sections 4 , 7 and 14 of the Gratuity Act are relevant ... Gratuity Act permits an
employee to be regulated for purpose of gratuity, under an
alternative provision/arrangement (award or agreement or
contract), other than
employee. Any
amount in excess of the gratuity due would also go to
the employee since the contract of insurance would fall
within the ambit ... right to receive better terms of
gratuity under any award or agreement or contract with
the employer. The provisions of the Central
terms of the provisions of the Payment of Gratuity Act ,
the rate of gratuity was to be determined @15 days salary for every
completed year ... Section 37 of
the Contract Act deals with obligation of parties to a contract. It
says that parties to a contract must either perform
enhanced gratuity ; and
(iii) The arrears of gratuity of Rs. 1,24,605/-, paid less to the
petitioner against the statutory gratuity ... employee to receive better terms of gratuity under any award or
agreement or contract with the employer. According to the petitioner, the
Punjab Government, vide
Controlling Authority under the Payment of Gratuity
Act & Ors. Sri Chatterjee submits that the Contract Labour
Act provides for payment of wages ... gratuity component is
inclusive of such wages. Therefore, there is no separate
requirement under the 1972 Act to pay gratuity to a contract
labourer after
Controlling Authority under the Payment of Gratuity
Act & Ors. Sri Chatterjee submits that the Contract Labour
Act provides for payment of wages ... gratuity component is
inclusive of such wages. Therefore, there is no separate
requirement under the 1972 Act to pay gratuity to a contract
labourer after
Controlling Authority under the Payment of Gratuity
Act & Ors. Sri Chatterjee submits that the Contract Labour
Act provides for payment of wages ... gratuity component is
inclusive of such wages. Therefore, there is no separate
requirement under the 1972 Act to pay gratuity to a contract
labourer after
