Skip to content


Judgment Search Results Home  Phrase:payment of gratuity act  Court:andhra

Apr 22 2008

The Management of APSRTC rep. by its Vice Chairman and Managing Direct ...

  • Decided on : 22-Apr-2008

Court : Andhra Pradesh

Reported in : 2008(4)ALD422; 2008(3)ALT774; (2009)ILLJ439AP

..... the profitability/financial position of the petitioner corporation was such as to provide for available surplus/allocable surplus under section 5 read with section 2(4) of the payment of bonus act, the tribunal was not justified in examining the profitability of the petitioner-corporation to determine whether it had enough surplus available to pay ex-gratia since such adjudication ..... that the tamilnadu water supply and drainage board7 was an institution established for the purpose of profit, that the employees of the board qualified for bonus under the payment of bonus act and were entitled to minimum bonus. while holding that, on the facts placed before the division bench of the madras high court, the conclusions reached thereon could ..... available surplus or allocable surplus. thus, even in cases where an industrial establishment is running in losses, and has no available/allocable surplus for payment of bonus, section 10 of the payment of bonus act, 1965 mandates payment of statutory minimum bonus of 8.33% each year.code of discipline is not referable to any statutory provision:10. the contention of sri ..... union was justified. it is contended that employees working in the corporation are not exempt and that they do not come within the purview of section 32 of the payment of bonus act. reliance is placed on tamilnadu water supply and drainage board v. tamilnadu water supply and drainage board engineers' association : air1998sc1737 to contend that, since the petitioner corporation .....

Tag this Judgment!
Nov 22 2001

Srinivasa Resorts Limited and Anr. Vs. State of Andhra Pradesh and Ors ...

  • Decided on : 22-Nov-2001

Court : Andhra Pradesh

Reported in : 2002(1)ALD598; 2002(1)ALT738

..... meaning of article 19(1)(a) of the constitution.51. it is not correct to contend thatby reason of the provisions of the payment of gratuity act, the meaning of the act was changed. payment of gratuity act even does not contemplate that a person irrespective of reason for quitting the service, period of service, merit or suitability would be entitled ..... that magnitude of total annihilation of the right.36. it will at this juncture be interesting to consider the scheme of payment of gratuity. the matters relating to payment of gratuity is regulated by the provisions of the payment of gratuity act. the act extends to whole of india. it applies to factory, mine, oil field, plantation, port and railway company, every ..... point of time the payment of gratuity act had not come into force cannot be accepted. the payment of gratuity act recognises the concept of gratuity evolved under the industrial jurisprudence by the courts. 'service compensation' under the shops act is nothing but gratuity under the payment of gratuity act.53. if the legislature intended to apply the provisions of the payment of gratuity act it could say so ..... scheme for employees. chapter viii deals with wages, conditions for termination of services, appeals, suspension and terminal benefits.7. sub-section (3) of section 1 of payment of gratuity act, 1972 (for short 'the gratuity act') reads as follows./. short tile, extent, application and commencement: xx xx xx (3) it shall apply to, (a) every factory, mine, oil-field, .....

Tag this Judgment!
Apr 30 1992

K. Gangadhar and Ors. Vs. The Appellate Authority Under Payment of Gra ...

  • Decided on : 30-Apr-1992

Court : Andhra Pradesh

Reported in : 1992(2)ALT580; (1993)ILLJ342AP

..... to establishments operative in the state of andhra pradesh and as such, come within the purview of section 1(3)(b) of payment of gratuity act, 1972 and consequently, the workers are entitled for the payment of gratuity under the provisions of payment of gratuity act, 1972 and the management is liable to pay the same as specified under the said statute and the rules made thereunder. 12 ..... beedis and cigars and it is clearly a law in relation to an establishment as contemplated by the provisions of section 1(3)(b) of payment of gratuity act, 1972. it held that for the applicability of payment of gratuity act, 1972, it may be a shop or establishment within the meaning of any law, whether it is a state law or central law and that ..... with the establishment where the manufacturing of beedis is carried on and that the said establishment comes within the ambit of section 1(3)(b) of payment of gratuity act and consequently, the said beneficial legislation i.e., payment of gratuity act, 1972 is applicable to beedi and cigar workers. 11. having regard to the interpretation placed on the scope of section 1(3)(b) of ..... where the management carries on manufacturing of beedis, as also the places ancillary thereto, come within the definition of establishment and as such, the workers are entitled for gratuity under the payment of gratuity act, 1972 and that even if the management had got several units like the one at nizamabad and also elsewhere in other states, the same cannot be termed as branches .....

Tag this Judgment!
Oct 07 1994

Managing Director, State Bank of India Vs. T. Gopalachari

  • Decided on : 07-Oct-1994

Court : Andhra Pradesh

Reported in : 1994(3)ALT725; (1995)IILLJ444AP

..... the plaintiff, the defendants are estopped from going back from their decision; (3) there is no need to give a finding regarding the eligibility of the petitioner for payment of gratuity under the payment of gratuity act; (4) the resolution dated december 15, 1976 of the central board not to pay to those who resign is not binding on the plaintiff as the said resolution ..... attained the force and efficacy of a rule of law culminating as a benefit attached to the office. this, according to the plaintiff, is apart from the provisions of the payment of gratuity act (act 39 of 1972). 3. on august 19, 1975 and on november 29, 1975 the plaintiff made applications to the 1st defendant, viz., managing director, state bank of india, central ..... : provided that the completion of continuous service of five years shall not be necessary where the termination of the service of any employee is due to death or disablement.' the payment of gratuity act, 1972, came into force on september 16, 1972. the respondent resigned on august 19, 1975, as established by ex-1 resignation letter and his resignation was accepted on ..... in the appointment letter of the respondent fixing the liability on the 2nd defendant-appellant to pay gratuity, other than the payment if any payable under the payment of gratuity act; the plaintiff is also not covered by the payment of gratuity act entitling him to receive any amount under that act; there is also no statutory provision or right to the plaintiff to make a claim on the .....

Tag this Judgment!
Mar 22 2002

Warangal District Co-operative Society Ltd. Vs. Appellate Authority un ...

  • Decided on : 22-Mar-2002

Court : Andhra Pradesh

Reported in : (2002)IIILLJ616AP

..... 4) scc 578 as there is no provision under the payment of gratuity act, which excludes, the application of the provisions of the limitation act to the proceedings under the payment of gratuity act, section 5 of the limitation act is still applicable to the proceedings under the payment of gratuity act.7. for the purpose of the present case, i ..... west bengal 1987-i-llj-41, dealing with the identical situation held that the appellate authority under the payment of gratuity act could not condone the delay beyond 120 days on the ground it is not a court.13. in the circumstances, i do not see ..... year 1960.12. in view of my conclusion on this, i do not wish to examine the question whether the appellate authority under the payment of gratuity act is a court or not though a division bench of the calcutta high court in a decision in city college. calcutta v. state of ..... a matter of fact, recorded a finding that the appeals were preferred after the lapse of 120 days.3. under section 7(7) of the payment of gratuity act, the normal period of limitation for preferring an appeal, passed by the primary authority, under section 7(7), sub-section (4) is 60 days ..... . aggrieved by the decision of the second respondent, the petitioner herein preferred appeals to the first respondent herein under section 7(7) of the payment of gratuity act, 1972. though it is not clear from the record as to the date of the presentation of the above mentioned appeals by the petitioner herein .....

Tag this Judgment!
Mar 22 2002

Liquidator, Warangal Dist. Co-op. Society Ltd. Vs. Appellate Authority ...

  • Decided on : 22-Mar-2002

Court : Andhra Pradesh

Reported in : 2003(1)ALT50

..... 4) scc 578 as there is no provision under the payment of gratuity act, which excludes the application of the provisions of the limitation act to the proceedings under the payment of gratuity act, section 5 of the limitation act is still applicable to the proceedings under the payment of gratuity act.7. for the purpose of the present case, i ..... of west bengal and ors., 1987 (1) llj 41 (calcutta) dealing with the identical situation held that the appellate authority under the payment of gratuity act could not condone the delay beyond 120 days on the ground it is not a court.14. in the circumstances, i do not see any ..... year 1960.13. in view of my conclusion on this, i do not wish to examine the question whether the appellate authority under the payment of gratuity act is a court or not though a division bench of the calcutta high court in a decision reported in city college calcutta v. state ..... a matter of fact, recorded a finding that the appeals were preferred after a lapse of 120 days.3. under section 7(7) of the payment of gratuity act, the normal period of limitation for preferring an appeal, passed by the primary authority, under section 7 sub-section (4) is 60 days from ..... aggrieved by the decision of the second respondent, the petitioner herein preferred appeals to the first respondent herein under section 7(7) of the payment of gratuity act, 1972. though it is not clear from the record as to the date of the presentation of the abovementioned appeals by the petitioner herein, .....

Tag this Judgment!
Mar 29 1996

Rama Rao P. and Ors. Vs. Controlling Authority under P.G. Act and ALC( ...

  • Decided on : 29-Mar-1996

Court : Andhra Pradesh

Reported in : 1996(2)ALT406; (1998)IIILLJ114AP

..... petition lacks bona fides. it is held vague and devoid of even prima facie case for seeking condonation of delay extending over 20 years. the applicants have received gratuity payable under the payment of gratuity act immediately after their superannuation without any demur and protest. surprisingly, the applicants have chosen to come forward with the present unjust claim on vexatious grounds after a ..... the principle laid down in any case can be made applicable having regard to the facts of the case.'4. learned single judge has rejected the contention that the payment of gratuity act is a beneficial legislation and as such condonation of delay has to be viewed liberally and stated that-'it is well settled that even if it is a welfare ..... the appellant-employees served for the full term of employment and retired and on their retirement, became entitled to gratuity under the payment of gratuity act, 1972 (for short 'the act') and the rules framed thereunder. their demands, however, for non payment of certain part of gratuity were inordinately delayed as their services were terminated ranging from 1973 to 1993. the management responded to their demands ..... it seems obvious to us that if they intend to extinguish the right which is recognised under section 4 of the act (payment of gratuity act, 1972) they are ultra vires the act. they, however, appear to us to be rules strictly procedural in nature and do not intend to extinguish the right. rule 7 aforequoted has used the expression that an .....

Tag this Judgment!
Sep 13 2012

The Secretary, Siddhartha Academy of General and Technical Education a ...

  • Decided on : 13-Sep-2012

Court : Andhra Pradesh

..... was required to be notified in accordance with and in terms of section 1(3)(c). when once the government of india issues any such notification, the provisions of the payment of gratuity act, 1972 get attracted to all such establishments. once the provisions of the said enactment got attracted, the rights and obligations created there under start flowing automatically. consequently, if ..... purview of payment of gratuity act, 1972. section 4 of the act makes payment of gratuity obligatory. sub-section (1) thereof makes it clear that gratuity shall be payable to an employee on the termination of his employment, after he has rendered continuous service for not less ..... specified that educational institutions in which ten or more persons are employed or were employed on any day preceding twelve months as a class of establishments to which the payment of gratuity act, 1972 shall apply with effect from the date of publication of this notification. thus, the college of engineering run and managed by the petitioners has been brought within the ..... of 31.07.1998, upon his attaining the age of superannuation. there is also no denying that the employee has lodged the claim before the controlling authority under the payment of gratuity act, 1972 only on 30.07.1999 and also moved a petition seeking condonation of delay of 364 days in filing the claim petition. the case was contested by .....

Tag this Judgment!
Sep 13 2012

The Secretary, Siddhartha Academy of Gen Vs. The Appellate Authority u ...

  • Decided on : 13-Sep-2012

Court : Andhra Pradesh

..... was required to be notified in accordance with and in terms of section 1(3)(c). when once the government of india issues any such notification, the provisions of the payment of gratuity act, 1972 get attracted to all such establishments. once the provisions of the said enactment got attracted, the rights and obligations created there under start flowing automatically. consequently, if ..... purview of payment of gratuity act, 1972. section 4 of the act makes payment of gratuity obligatory. sub-section (1) thereof makes it clear that gratuity shall be payable to an employee on the termination of his employment, after he has rendered continuous service for not less ..... specified that 'educational institutions' in which ten or more persons are employed or were employed on any day preceding twelve months as a class of establishments to which the payment of gratuity act, 1972 shall apply with effect from the date of publication of this notification. thus, the college of engineering run and managed by the petitioners has been brought within the ..... of 31.07.1998, upon his attaining the age of superannuation. there is also no denying that the employee has lodged the claim before the controlling authority under the payment of gratuity act, 1972 only on 30.07.1999 and also moved a petition seeking condonation of delay of 364 days in filing the claim petition. the case was contested by .....

Tag this Judgment!
Aug 23 2000

Life Insureance Corporation of India, Hyd. Vs. Regional Labour Commiss ...

  • Decided on : 23-Aug-2000

Court : Andhra Pradesh

Reported in : 2000(5)ALD450; 2000(5)ALT232; [2000(87)FLR522]; (2000)IILLJ1462AP

..... lic' for brevity) impugns the order of the controlling authority dated 21-9-1998, as confirmed by the appellate authority on 11-10-1999, under payment of gratuity act, 1972 (hereafter referred to as 'the act') directing payment of gratuity amount to the third respondent/employee. as the question that arises for consideration is the same and the petitioner is also the same, the writ petitions ..... the legislative intention that the act sought to provide a scheme for payment of gratuity to all employees engaged in, inter alia, ports and under this act gratuity was payable to workers like md. safiur rehman. the gratuity which was payable to him squarely came within the purview of the act and therefore, becameentitled to immunity under section 13 thereof.'12. the payment of gratuity act was enacted in 1972 ..... . the lic rules were made in 1985 in exercise of powers under clause (cc) of sub-section (2) of section 48 of the lic act as amended by act 1 of 1981. the said provision in sub ..... -section (2c) of section 48 contains a non obstante clause and gives overriding effect over the industrial disputes act and .....

Tag this Judgment!
Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //