employee to receive better terms of gratuity under any award or agreement or contract with the employer.
(6) Notwithstanding anything contained in sub-section ... exempt an establishment from payment of gratuity in toto or may regulate the payment of gratuity at different scales but this power cannot be exercised
employee to receive better terms of gratuity under any agreement
or award or contract with the Employer. This is a beneficial provision which ... petitioner to gratuity, it may not be necessary to delve into the contingencies enabling
payment of gratuity. Amount of gratuity payable to an employee
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 ... Gratuity
Act permits an employee to be regulated for purpose of
gratuity, under an alternative provision/arrangement
(award or agreement or contract), other than
being an employee who is entitled to better terms of gratuity under an
agreement/contract with the petitioner/Corporation in terms of Section ... Payment of
Gratuity Act, 1972 , the amount of gratuity shall be calculated
in accordance with the provisions of that Act.
xxx
APPENDIX
Gratuity will
gratuity is
concerned. The right to receive gratuity under the
provisions of the Act cannot be defeated by any instrument
or contract."
12. From ... that right to receive gratuity under the Payment of
Gratuity Act, 1972 , cannot be defeated by any instrument or contract as
also in view
under the Payment of Gratuity Act, 1972 ?
b. Whether the SAIL Gratuity Rules will have overriding effect
on Payment of Gratuity ... SAIL Gratuity Rules.
"4. Payment of gratuity.
(6) Notwithstanding anything contained in sub-section (1),--
(a) the gratuity of an employee, whose services have
also
emerged that undisputedly, either under Gratuity
Act and the Rules framed under Gratuity Act or
under gratuity scheme (framed by the corporation)
or under ... withhold gratuity during pendency of
domestic enquiry. On the other hand Gratuity Act
prescribes timeframe and mandates that gratuity
should be paid within said
obtained by an employee by an agreement or
contract with the employer notwithstanding the scheme of
gratuity' obtaining under the Act clearly suggests that ... retired employees‟ Association that "that pension and gratuity are separate
retiral benefits and right to gratuity is a statutory right." The Supreme Court
excluded on the basis of a contract? The nature of the right to receive gratuity has been dealt with by their Lordships of the Supreme ... payment of gratuity under the Act. Considering that the Act has overriding effect over any other law, or any contract or instrument having force
gratuity
is concerned, it is apparent that in
cases where gratuity of an employee is
not regulated under the provisions of
the Gratuity ... other
provisions/enactments (including any
instrument or contract having the force
of law), the provisions of the Gratuity
Act cannot be ignored. The term
