also the Contract
Labour (Regulation and Abolition) Act, 1970 ("the Contract Labour Act"),
liability to pay gratuity is generally upon the principal employer ... under the Gratuity
Act , the liability to gratuity can certainly be fastened unto the Petitioner
under the Contract Labour Act. That may be so. Still
entitled to gratuity in the manner prescribed in the Moil
Employees Group Gratuity-cum-Life Assurance Scheme (linked with the
Payment of Gratuity ... right of an employee to receive better terms of gratuity under any
award, agreement or contract with the employer.
4. Shri Jaiswal, the learned Senior
also the Contract
Labour (Regulation and Abolition) Act, 1970 ("the Contract Labour Act"),
liability to pay gratuity is generally upon the principal employer ... under the Gratuity
Act , the liability to gratuity can certainly be fastened unto the Petitioner
under the Contract Labour Act. That may be so. Still
also the Contract
Labour (Regulation and Abolition) Act, 1970 ("the Contract Labour Act"),
liability to pay gratuity is generally upon the principal employer ... under the Gratuity
Act , the liability to gratuity can certainly be fastened unto the Petitioner
under the Contract Labour Act. That may be so. Still
gratuity is concerned, it is
apparent that in cases where gratuity of an employee is not
regulated under the provisions of the Gratuity ... right of an employee
receive better terms of gratuity under any award or agreement or
contract with the employer.
(6) Notwithstanding anything contained
employee to
receive better terms of gratuity under any award or agreement
or contract with the employer than the benefits conferred under ... terms of gratuity under any award or agreement or contract and
payment of gratuity payable to an employee under Section 4 of
the Act. There
comprehensive and wide sense.
That includes gratuity. Therefore, the pension is admissible in
terms of these rules. The gratuity is also admissible in terms ... employee to receive better terms of
gratuity under any award or agreement or contract with the
employer. Therefore, the Payment of Gratuity
rendered by the petitioners on urgent temporary contract basis
towards confirmation, seniority, grant of selection scale, gratuity
(27 of 29)
[ CW-18268/2016]
and superannuation
contract of the employment, express or
implied is wages; thus if remuneration is paid
in terms of the original contract of employment
or in terms ... employment and any gratuity payable on
discharge. Therefore wages as defined includes
remuneration paid or payable under the terms
of the contract of employment, express
with payment of gratuity.
Sub-section (6) thereof permits an employer to forfeit gratuity on
the grounds specified therein. The gratuity of an employee whose ... contracts. One being the contract
of employment and the other being the contract of loan. As an
employee, it may be entitled to receive gratuity