Payment of Gratuity Act Archives

Calculation must be made as per limits prescribed by Central Govt from time to time in case Payment of Gratuity is applicable on any establishment: Tripura HC

“Section 4(5) of Payment of Gratuity Act, 1972 is indicative of fact that the Act being a beneficial legislation, entitlement of employee cannot be reduced below the prescribed ceiling limit under Section 4(3) of Act, rather this provision approves receiving of a better gratuity than what is notified by Central Government.”

Case Briefs High Courts

Gratuity determined as per date of termination of employment, not the date of sanction or actual disbursement: Kerala High Court

Kerala High Court suggested the petitioner to choose between Payment of Gratuity Act, 1972 and Kerala State Housing Board Employees’ (Pension and other Retirement Benefits) Regulations, 1990 for claim of gratuity or DCRG, since he cannot have gratuity under one with the ceiling limit payable under another Act.

Case Briefs Supreme Court

Supreme Court holds private school teachers entitled to gratuity; upholds Constitutional validity of Payment of Gratuity (Amendment) Act, 2009

“When the legislature acts within its power to usher in a valid law and rectify a legal error, even after a court ruling, the legislature exercises its constitutional power to enact the law and does not overrule an earlier court decision.”

Hot Off The Press News

Govt notifies maximum maternity leave of 26 weeks for Gratuity

Vide notification dated 29th March, 2018, the Central Government has specified for the purposes of clause (iv) of the Explanation to sub-section

Case Briefs High Courts

Financial burden is not a reason sufficient to invalidate the retrospective operation of Payment of Gratuity (Amendment) Act, 2009

Karnataka High Court: While passing the order in a writ petition under Articles 226 and 227 of the Constitution challenging the retrospective