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Judgment Search Results Home > Search Phrase: payment of gratuity act Court: andhra Page 1 of about 9,717 results (0.228 seconds)

Apr 30 1992 (HC)

K. Gangadhar and ors. Vs. the Appellate Authority Under Payment of Gra ...

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 .....

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Jun 05 1989 (HC)

Rula Krishi Kendra Vs. Controlling Authority, Payment of Gratuity Act ...

Court : Andhra Pradesh

Reported in : (1994)IIILLJ393AP

..... )(b) to refer to a law relating to commercial establishment, it would not have left the expression 'establishments' unqualified. we have carefully examined me various provisions of the payment of gratuity act, and we are unable to discern any reason for giving the limited meaning to section 1(3)(b) urged before us on behalf of the appellant...'6. when the ..... ten or more employees in the farm. a notice was given covering the petitioner's establishment under the payment of gratuity act 39 of 1972 (for short 'the act'). assailing the jurisdiction to issue the notice covering the farm as an establishment under the act, the petitioner canvassed before the controlling authority, contending that it is not an establishment or a commercial establishment ..... legal and valid. the petitioner is bound to comply with the provisions of the act.7. the writ petition is accordingly dismissed. no costs. advocate's fee rs ..... establishment within the meaning of section 2(5) of the shops act and it would be covered under the provisions of the shops and establishments act. by necessary operation thereof, the petitioner's establishment certainly, is governed by the provisions of the payment of gratuity act. therefore, the controller under the act is well within his power to issue the notices and it is .....

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Dec 24 1987 (HC)

P. Galemma and ors. Vs. Appellate Authority Under Payment of Gratuity ...

Court : Andhra Pradesh

Reported in : (1994)IIILLJ791AP

..... 1.12.1980, the 3rd respondent denied and disputed his liability in that behalf. thereupon, the workers approached the 2nd respondent (controlling authority under section 3 of the payment of gratuity act, 1972 and industrial relations officer ii, guntur) on 17.1.1981. the said applications before the 2nd respondent were filed under rule 10(1) of the said rules ..... controlling authority under section 10 were equally barred by time. let me now refer to the relevant provisions of the act and the rules.8. the payment of gratuity act was enacted by the parliament to provide for a scheme for the payment of gratuity to employees engaged in factories, mines, etc., and for matters connected therewith and incidental thereto. 'continuous service' is ..... the legality and validity of the order passed by the controlling authority (under section 3 of the payment of gratuity act, 1972) dated 30.12.1981 confirmed in the appellate order dated 10.11.1982 passed by the 1st respondent (the appellate authority under the payment of gratuity act) is questioned. the 3rd respondent, chegu krishnamurthy & company, guntur, was engaged in tobacco business ..... that it would be unjust and unreasonable to say so in the circumstances mentioned hereinafter.14. the employees had filed applications under section 33c(2) for payment of gratuity under the industrial disputes act in 1977 itself. while these applications were pending, the settlement dt. 7.5.1979 took place between the employer and the employee. a reading of .....

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Jun 10 1988 (HC)

Bommidala Brothers Ltd. Vs. Authority, Payment of Gratuity Act and ors ...

Court : Andhra Pradesh

Reported in : (1994)IIILLJ998AP

..... limited and respondents 7 to 98 are the female workers who have been engaged by these concerns in their grading and redrying operations. they have filed applications for payment of gratuity under the payment of gratuity act on the ground that they have been continuously working for over a period of 24 years from 1962 onwards uptil 1986. the primary contention of the petitioner in ..... resigned around april, 1986. therefore, their contention that they have been continuously working in the same concern from 1962 till 1986 is false and they cannot, therefore, claim any gratuity under the payment of gratuity act, 1972.5. in w.p. no. 12479/87, which runs parallel to the earlier writ petition no. 2409/87, the legal and the factual position in sum and ..... the conditions of service of the workers in such organisations. this is a clear case of an employer applying devious methods and thereby dodging its legal liability arising under the payment of gratuity act and 1 have no hesitation in dismissing these writ petitions on that ground. the learned government pleader, sri gulani mohammed, has fairly stated that the government is sailing with ..... which upheld the order passed by the original authority on mistaken terms. it may be mentioned that in w.p. no. 12479/87 the original authority under the payment of gratuity act, moved by the respondents, similarly upheld the claims of the respondents but the petitioners have not carried the matter in appeal and have straight away filed the writ petition in .....

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Feb 07 1984 (HC)

D.B.R. Mills Ltd. Vs. Appellate Authority, Under Payment of Gratuity A ...

Court : Andhra Pradesh

Reported in : (1985)ILLJ181AP

..... the appellate authority under the payment of gratuity act deputy commissioner of labour, hyd. (twin cities) first respondent herein, confirmed the said order and dismissal the appeal. 2. the learned single judge before whom these orders were challenged ..... days in a month after excluding sundays, and at that rate, fifteen days' wages for every completed year of service should be paid to them. the controlling authority under the payment of gratuity act cum the asst. commissioner of labour, hyd., second respondent herein, accepted their claim in his order dated 25th august, 1983. the employer preferred an appeal against the order and ..... k. madhava reddy, c.j.1. these four appeals raise a common question of law as to the mode of computing the amount of gratuity payable to a workman under the payment of gratuity act, 1972 (act 39/72) (hereinafter referred to as the act). the d.b.r. mills ltd. is a public ltd. company (hereinafter referred to as the company). the appellant herein is the ..... employer within the meaning of s. 2(f) of the act and is liable to pay gratuity u/s 4 of the act to its employees who .....

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Mar 22 2002 (HC)

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

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 .....

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Jun 24 1997 (HC)

V. Venkateswara Rao Vs. Chairman/Governing Body, S.M.V.M. Polytechnic ...

Court : Andhra Pradesh

Reported in : 1997(4)ALT336

..... (3)(b), to refer to a law relating to commercial establishments, it would not have left the expression 'establishments' unqualified. we have carefully examined the various provisions of the payment of gratuity act, and we are unable to discern any reason for giving the limited meaning to section 1(3)(b) urged before us on behalf of the appellant. section 1(3)(b ..... management of siet women's college v. md. ibrahim, (1992) 1 llj 91 to conclude that an educational institution like the petitioner-polytechnic is an establishment governed by the payment of gratuity act. the supreme court while ejecting the contention that section 1(3)(b) must be a law which relates to both shops and establishments stated--'......section 1(3)(b) speaks of ..... by probing whether it is a commercial establishment or not. we respectfully centrifugate from that view. the adjectival analysis of section 1(3) (a) - (c) of the payment of gratuity act makes the act applicable to,(a) every (i)factory, (ii) mine, (iii) oil field, (iv) plantation, (v) port, and (vi) railway company.(b) every ] within the meaning of any law for the time ..... the writ petition challenging the impugned order dated 2-6-1987 made by the respondent no. 4, the controlling authority under the payment of gratuity act, 1972 in p.g. application 2/1986 filed by the 5th respondent wherein he directed payment of gratuity to him. the first respondent is the government of andhra pradesh, the second respondent is the commissioner of labour and the .....

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Mar 04 1983 (HC)

Duncan Agro Industries Limited Vs. Subbanna, B.

Court : Andhra Pradesh

Reported in : (1984)ILLJ96AP

..... and others, who were daily-rated seasonal workmen in biccavole factory, which was closed down in 1974, presented an application under the payment of gratuity act claiming gratuity. section 4 of the payment of gratuity act, 1972 confers right on the employee to claim gratuity in the event on rendering continuous service for not less than five years on the conditions enumerated in s. 4. section 4 does ..... bengal and andhra pradesh and therefore, the appropriate government in respect of the petitioner is the central government and the authority for considering the issue is central authority, under the payment of gratuity act appointed by the central government, but not the authority constituted by the state government. 3. the controlling authority, 2nd respondent herein, stated in the counter-affidavit that the contention ..... p.g. appeal nos. 11 and 15 of 1980 on the file of the controlling authority under the payment of gratuity act, eluru and quash dated 23rd september, 1980 and 28th september, 1980 therein. 2. the facts stated in support of the writ petition no. 3785 of 1981 may be considered ..... all these three writ petitions. w.p. no. 3785 of 1981 is a petition for issue of writ of certiorari for quashing the order of the controlling authority under the payment of gratuity act, rajahmundry made in case no. 19 of 1981, dated 21st may, 1981. w.p. nos. 1676 and 1677 of 1981 are for issue of writ calling for records in .....

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Jun 24 1997 (HC)

Venkateswara Rao V. Vs. Smvm Polytechnic, Tanuku and ors.

Court : Andhra Pradesh

Reported in : (1998)ILLJ181AP

..... by probing whether it is a commercial establishment or not. we respectfully centrifugate from that view. the adjectival analysis of section 1(2)(a) to (c) of the payment of gratuity act makes the act applicable to, a) every(i) factory,(ii) mine,(iii) oil field,(iv) plantation,(v) port, and(vi) railway company.b) every(i) shop or } within the meaning of any ..... (3)(b), to refer to a law relating to commercial establishments, it would not have left the expression 'establishments' unqualified. we have carefully examined the various provisions of the payment of gratuity act, and we are unable to discern any reason for giving the limited meaning to section 1(3)(b) urged before us on behalf of the appellant. section 1(3)(b ..... the management of siet women's college v. md. ibrahim (1992-i-llj-91) to conclude that an educational institution like the petitioner polytechnic is an establishment governed by the payment of gratuity act. the supreme court while rejecting the contention that section 1(3)(b) must be a law which relates to both shops and establishments stated - '...... section 1(3)(b) speaks ..... writ petition challenging the impugned order dated june 2, 1987 made by the respondent no. 4, the controlling authority under the payment of gratuity act, 1972 in p.g. application 2/1986 filed by the 5th respondent wherein he directed payment of gratuity to him. the first respondent is the government of andhra pradesh, the second respondent is the commissioner of labour and the third .....

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Mar 30 1998 (HC)

R. Nagaraju Vs. Managing Director, A.P. State Ware Housing Corpn., Hyd ...

Court : Andhra Pradesh

Reported in : 1998(3)ALD579; 1998(4)ALT657; [1998(80)FLR875]

..... gratuity payable to an employee shall not exceed rs. 1,00,000/- but in view of sub-section (5) the petitioner was entitled for ..... writ petition for a direction for payment of gratuity in accordance with regulation 4 of the regulations. 2. the respondent filed counter affidavit and contested the claim of the petitioner. 3. it is contended by the learned counsel for the petitioner that though sub-section (3) of section 4 of the payment of gratuity act, 1972 (for short, 'the act'), stipulates that the amount of ..... payment of gratuity in accordance with regulation 4 of the regulations, since the regulations provide for better terms of gratuity. 4. it is, however, contended by the learned counsel for ..... the petitioner is governed by the above regulations. in exercise of powers conferred by section 42 of the warehousing corporation act 1962, the above regulations have been framed for the payment of gratuity to its employees. thus, the regulations arc in the nature of contract between the employer and the employee. reg. 4 clearly stipulates that the corporation shall pay the .....

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