gratuity under the Payment of Gratuity Act, 1972 . Contending that though he was paid Rs.10
lakhs as gratuity, he was entitled to payment ... payment of gratuity either as per the
provisions of the Gratuity Act or as per sub-regulation (2), whichever is higher.
Controlling authority is defined
appellants is that, if the beneficial
provision, granting conceding gratuity higher than the ceiling limit in terms
W.A Nos.1509 ... service
and thereafter, they had made their claim for payment of gratuity, higher
than the ceiling limit under Sec.4(3) of the Act, before
meaning under the Gratuity Act , he was not entitled to claim any gratuity by making an application under the Gratuity Act and the Controlling Authority ... submits that when gratuity is payable under the Gratuity Act and not under any other Act, the claim for gratuity must be made before
payment of gratuity in terms of Ext.P3 rules, higher amount of
gratuity payable in terms of Ext.P3 than the amount mentioned ... such class or category
can invoke the right to better or higher gratuity, by the mandate of
Section 4(5) .
18. Two subsidiary issues would
cannot turn back to the Payment of Gratuity Act
(for short ‘ Gratuity Act ’) to claim that gratuity is payable only to the extent ... workmen
herein as the gratuity cannot exceed the ceiling limit contemplated under the
Gratuity Act . The direction to pay the gratuity on the basis
contract with the employer, an
employee is entitled to a higher gratuity. Therefore, as per the Official
Memorandum dated 03.08.2017, the petitioners are entitled ... contract with
the employer, an employee is entitled to a higher gratuity than ten lakh
rupees, the employee shall be eligible to receive such higher
same benefit in respect of the liberalized pay scale, liberalized gratuity, higher commutation benefit, pension on the basis of the fitment in the revised scales ... they have been denied the fitment in the new higher scales and higher gratuity. They have contended that extending the benefit of revised gratuity
Delhi Cloth & General Mills Co., Ltd vs Workmen And Ors. Etc on 27 September
employee may be entitled to a higher payment of gratuity but for enforcing such favourable terms of service ... higher gratuity, he should move a different forum and the authority under the Gratuity Act cannot entertain such claim of higher amount of gratuity
prescribed by sub- section 4 ,
the employees are entitled to receive higher gratuity if it is so
agreed under any award or an agreement ... with
its non-executive employees repelled the contentions that fixation
of higher gratuity to the non-executive class under the agreement
was inconsistent with
