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

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

... 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 ... 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 in no uncertain terms. It is accepted at the Bar that the provisions in the said Act ... 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 in no uncertain terms. It is accepted at the Bar that the provisions in the said Act are more harsh than the Payment of Gratuity Act ...

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

... the Central Act, 1966 applies, the Payment of Gratuity Act cannot be made applicable and the management comes under the residuary provision of S. 1(3)(c) of Payment of Gratuity Act and that since there is no notification issued by the Central Government with regard to management the Payment of Gratuity Act, 1972 cannot be invoked for the benefit of the workers. 8. The above Act of 1966 ... and Cigar Workers (Conditions of Employment) Act, 1966 and the said Act is a law relating 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 ... 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 Payment of Gratuity Act, 1972 vis-a-vis the provisions of Beedi and Cigar Workers (Conditions of Employment) Act, 1966, I hold ... 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 the provision of the Payment of Gratuity Act, 1972 will be applicable in the case of ...

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

... for payment of gratuity under the Payment of Gratuity Act, as he did not satisfy the provisions of the said Act, entitling him for claiming gratuity. 12. The respondent, notwithstanding the withdrawal of the application filed by him before the competent authority under the Payment of Gratuity Act, claims that he is entitled for payment of gratuity, as the appellant-bank has paid gratuity ... Act. In view of the admission made by the respondent himself, he is not entitled for payment of gratuity under the Payment of Gratuity Act, as he did not satisfy the provisions of the said Act, entitling him for claiming gratuity. 12. The respondent, notwithstanding the withdrawal of the application filed by him before the competent authority under the Payment of Gratuity Act, claims that he is entitled for payment of gratuity ... , therefore, he is entitled to gratuity under the Payment of Gratutity Act, 1972. Section 4 of the Payment of Gratuity Act lays down the grounds for entitlement of an Officer to claim gratuity. Section 4 of the Payment of Gratutity Act, 1972 is in the following terms: 'An employee will be entitled to gratuity if he has rendered continous service ... for payment of gratuity and that he is not claiming the amounts under the provisions of the said Act. In view of the admission made by the respondent himself, he is not entitled for payment of gratuity under the Payment of Gratuity Act, as he did not satisfy the provisions of the said Act, entitling him for claiming gratuity. 12. ...

Sep 13 2012

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

  • Decided on : 13-Sep-2012

Court : Andhra Pradesh

... 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 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 ... . Since the provisions of the Payment of Gratuity Act, 1972 (for short, the Act) are not attracted to the employees of educational institutions, according to the petitioners, the 3rd respondent has not submitted any application for payment of gratuity, as provided for in Rule 7(1) of the A.P. Payment of Gratuity Rules, 1972 (for short, the Rules). ... Gratuity Act, 1972 (for short, the Act) are not attracted to the employees of educational institutions, according to the petitioners, the 3rd respondent has not submitted any application for payment of gratuity, as provided for in Rule 7(1) of the A.P. Payment of Gratuity Rules, 1972 (for short, the Rules). Instead, the 3rd respondent straight away approached the 2nd respondent and lodged a claim for payment ... making an application for payment of gratuity acts merely as a catalyst to hasten the process of the payment of gratuity and thus avoid the follow up consequences emanating from default. I therefore, reject the contention of Sri C. Gunaranjan that the competent authority could not have entertained the claim for payment of gratuity without the employee concerned ...

Sep 13 2012

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

  • Decided on : 13-Sep-2012

Court : Andhra Pradesh

... 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 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 ... . Since the provisions of the Payment of Gratuity Act, 1972 (for short, the 'Act') are not attracted to the employees of educational institutions, according to the petitioners, the 3rd respondent has not submitted any application for payment of gratuity, as provided for in Rule 7(1) of the A.P. Payment of Gratuity Rules, 1972 (for short, 'the Rules'). ... Gratuity Act, 1972 (for short, the 'Act') are not attracted to the employees of educational institutions, according to the petitioners, the 3rd respondent has not submitted any application for payment of gratuity, as provided for in Rule 7(1) of the A.P. Payment of Gratuity Rules, 1972 (for short, 'the Rules'). Instead, the 3rd respondent straight away approached the 2nd respondent and lodged a claim for payment ... making an application for payment of gratuity acts merely as a catalyst to hasten the process of the payment of gratuity and thus avoid the follow up consequences emanating from default. I therefore, reject the contention of Sri C. Gunaranjan that the competent authority could not have entertained the claim for payment of gratuity without the employee concerned ...

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

... 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 do not propose to go into the question whether the appellate authority constituted under the Payment of Gratuity Act ... 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 do not propose to go into the question whether the appellate authority constituted under the Payment of Gratuity Act, 1972, is a Court and, therefore, Section 5 of the Limitation Act ... that the appellate authority acting under Section 7(7) of the Payment of Gratuity Act would not invoke under Section 5 of the Limitation Act, 1963. Challenging the same, the present writ petition is filed.5. Learned counsel for the petitioner argued that the appellate authority acting under Section 7(7)(7) 'of the Payment of Gratuity Act is a Court ... another sixty days beyond the prescribed period of limitation. No doubt, the Payment of Gratuity Act does not expressly exclude the operation of the Limitation Act, but the fact remains that the Payment of Gratuity Act is of the year 1972 where the Limitation Act is of the year 1963. The settled principle of interpretation of statutes is ...

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

... 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 do not propose to go into the question whether the appellate authority constituted under the Payment of Gratuity Act ... 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 do not propose to go into the question whether the appellate authority constituted under the Payment of Gratuity Act, 1972 is a Court and therefore, Section 5 of Limitation Act ... acting under Section 7(7) of the Payment of Gratuity Act would not invoke Section 5 of the Limitation Act, 1963. Challenging the same, the present writ petition is filed.5. The learned counsel for the petitioner argued that the appellate authority acting under Section 7(7) of the Payment of Gratuity Act ... Payment of Gratuity Act would not invoke Section 5 of the Limitation Act, 1963. Challenging the same, the present writ petition is filed.5. The learned counsel for the petitioner argued that the appellate authority acting under Section 7(7) of the Payment of Gratuity Act is a court and therefore, entitled to exercise the power to condone the delay as provided under Section 5 of the Limitation Act ...

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

... 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 employee who is eligible for payment of gratuity under the Act, or any person authorised in writing to act ... 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 in the proceeding by stating that they had already been paid gratuity as per their entitlement under the Act ... 1706 :'Section 7 Gratuity Act requires a person entitled to the payment of gratuity to send a written application to the employer within such time as may be prescribed. Rule 7 Payment of Gratuity (Maharashtra) Rules, 1972 provides that the employee entitled to the gratuity shall apply ordinarily within thirty days from the date the gratuity becomes payable. It ... gratuity, has been allowed by the learned single Judge. Employees have preferred the instant appeals.2. It is not in dispute that 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 ...

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

... the Act clearly indicates 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 ... 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 ... ' 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 ... 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 ...

Jun 24 1997

Venkateswara Rao V. Vs. SMVM Polytechnic, Tanuku and Ors.

  • Decided on : 24-Jun-1997

Court : Andhra Pradesh

Reported in : (1998)ILLJ181AP

... no gratuity scheme for the employees of the polytechnic. The petitioner did not lay any claim for gratuity till March 15 1986 when he addressed a letter to the Polytechnic for payment of gratuity under the Payment of Gratuity Act, 1972 (in short, 'the Act') The claim was declined. He made an application to the fourth respondent seeking an order for payment of gratuity which ... Shops and, Establishments Act, (2) The Factories Act, (3) Labour Laws (Exemption from furnishing returns and Maintaining Registers by Certain Establishments) Act, 1988, (4) Payment of Wages Act, (5) Minimum Wages Act.) If any, one of them bring the petitioner/Polytechnic within the meaning of 'establishment' that is sufficient to attract Section 1(3)(b) of the Payment of Gratuity Act. This view is ... Act. Therefore, to think of an 'establishment' within the meaning of Section 1(3) of the Gratuity Act, only with reference to a State law dealing with Shops and Establishments Act would be too much a conservative and a petty narrow interpretation of the provision as against a legislative wider import therein as indicated. Undisputedly the Payment of Wages Act and Minimum Wages Act ... of Labour Laws supra should embrace the meaning of 'establishment' in Section 1(3) of the Payment of Gratuity Act. 5. In the nature of controversy, the matter may also be examined in the context of Section 1(3)(b) of the Payment of Gratuity Act regarding a State law relating to Shops and Establishments. Clause (b) concerns any law within ...

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