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Search Results Judgments > Act:Payment of Gratuity Act Court:Andhra

Jun 24 1997

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

  • Decided on : 24-Jun-1997

Court : Andhra Pradesh

Reported in : 1997(4)ALT336

... gratuity scheme for the employees of the Polytechnic. The petitioner (sic. R-5) did not lay any claim for gratuity till 15-3-1986 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 ... . 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 ... Labour Laws supra should embrace the meaning of 'establishment' in Section 1(3) of the Payment of Gratuity Act.5. In the nature of the 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 ...

Jul 08 1999

V.S.N. Sastry and others Vs. A.P. State Warehousing Corporation, Hyder ...

  • Decided on : 08-Jul-1999

Court : Andhra Pradesh

Reported in : 1999(4)ALD148; 1999(4)ALT534; (1999)IILLJ1021AP

... the nature of mandamus declaring the action of the respondent in calculating the gratuity contrary to the Explanation to sub-section (2) of Section 4 of the Payment of Gratuity Act (for short the Act) as illegal and arbitrary, and for a consequential direction to the respondent Corporation to calculate the gratuity strictly in accordance with Section 4(2) read with the Explanation.2. ... ) Limited v. Appellate Authority under Payment of Gratuities Act, : (1984)IILLJ464SC . In that case, the Supreme Court was called upon to interpret the term '15 days wages'. The Supreme Court for the reasons stated by it in paras 7, 10 and 12, opined that although a month understood to consist of 30 days, gratuity payable under the Act is in fact towards the ... note that Explanation was added to sub-section (2) with effect from 1-10-1987 by Amendment Act 22 of 1987. This amendment was preceded by the pronouncement of the Supreme Court in Jeevan Lal (1929) Limited v. Appellate Authority under Payment of Gratuities Act, : (1984)IILLJ464SC . In that case, the Supreme Court was called upon to interpret the term '15 days ... to calculate gratuity payable to them in terms of Regulation (4) of the Andhra Pradesh State Ware-Housing Corporation Employees Gratuity Fund Regulations, 1974 (for short 'the Regulations'). A learned single Judge of this Court upheld the contention of the petitioner and disposed of the writ petition on 30-3-1998 directing the respondent Corporation to consider payment of gratuity to the ...

Sep 29 2000

Narra Koteswara Rao Vs. Appellate Authority Under Payment of Gratuity ...

  • Decided on : 29-Sep-2000

Court : Andhra Pradesh

Reported in : 2001(1)ALD66; 2000(6)ALT320; [2002(94)FLR698]; (2001)ILLJ685AP

... of the Payment of Gratuity Act, 1972.2. The petitioner who worked as Manager (Administration) of the third respondent company moved the second respondent for payment of gratuity under Section 4 of the Payment of Gratuity Act (for short PG Act, 1972) by filing an application under Section 7(4) of the PG Act, 1972 read with Rule 10(1) of A.P. Payment of Gratuity Rules. ... payment of gratuity. The appellate authority also has not properly appreciated the facts and upheld the same. In support of his contention he placed reliance on the following judgments:1. Neyvelilignite Corporation Ltd v. Satagopan, 1979 (2) LLJ 163.2. Jeevanlal Ltd. v. Controlling Authority, Payment of Gratuity Act, 1982 (1) LLJ 86.3. Jeewanlal (1929) Ltd v. Appellate Authority Under Payment of Gratuity Act ... Act, Payment of Gratuity Act is applicable. May be the Administrative Office has been registered as an establishment under A.P. Shops and Establishments Act as a regulatory measure that will not take away it from the definition of a 'factory'. Once it is a factory for the purpose of the Factories Act and also an establishment under the Shops and Establishment Act ... Act but does not include a shop'.8. It is not in dispute that the Payment of Gratuity Act shall apply to every factory, mine, oil field, plantation, port and railway company and every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State. To attract the Payment of Gratuity Act ...

Apr 10 2003

Sushila Thomas Vs. H.M.T. Welfare and Cultural Organisation and Ors.

  • Decided on : 10-Apr-2003

Court : Andhra Pradesh

Reported in : 2003(3)ALD574; 2003(4)ALT432

... Pradesh Education Act (for short 'the Act') and the Rules governing the payment of gratuity are also enumerated separately for the private registered and unaided schools and as such, she is entitled for gratuity as per those Rules. Further, the Counsel for the petitioner stated that even for the Teachers working in the Private Management Schools also the Payment of Gratuity Act, 1972 is ... payment of gratuity are also enumerated separately for the private registered and unaided schools and as such, she is entitled for gratuity as per those Rules. Further, the Counsel for the petitioner stated that even for the Teachers working in the Private Management Schools also the Payment of Gratuity Act, 1972 is applicable, apart from being governed by the rules made under the Act ... for fixing of quantum of gratuity.6. This Court need not go into those details. The only aspect which needs to be examined is whether the petitioner as a Teacher of a private unaided and registered school is entitled to claim gratuity either under the Payment of Gratuity Act, 1972 or under the A.P. Education Act and the Rules made thereunder. ... for receiving gratuity for the service rendered by them in the schools. Likewise, the petitioner is also entitled for claiming gratuity on par with Government Teachers and the Teachers of aided schools.11. Even otherwise, the provisions of Payment of Gratuity Act, 1972 are applicable as the school run by the respondents is an establishment as contemplated under the said Act. ...

Mar 30 1998

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

  • Decided on : 30-Mar-1998

Court : Andhra Pradesh

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

... 4 of the Payment of Gratuity Act, 1972 (for short, 'the Act'), stipulates that the amount of gratuity payable to an employee shall not exceed Rs. 1,00,000/- but in view of sub-section (5) the petitioner was entitled for payment of gratuity in accordance with Regulation 4 of the Regulations, since the Regulations provide for better terms of gratuity. 4. It is, ... 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 gratuity ... Act'), stipulates that the amount of gratuity payable to an employee shall not exceed Rs. 1,00,000/- but in view of sub-section (5) the petitioner was entitled for 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 respondent that the payment of gratuity ... (5) the petitioner was entitled for 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 respondent that the payment of gratuity was governed only by sub-section (3) of Section 4 of the Act and the petitioner was entitled for ...

Feb 13 2009

Gudapati Hanumaiah Vs. Y. Lakshminarasamma and three Ors.

  • Decided on : 13-Feb-2009

Court : Andhra Pradesh

Reported in : AIR2009AP129; 2009(3)ALT281

... Payment of Gratuity Act which was already referred to above. Inasmuch as the said gratuity amount is payable under the Payment of Gratuity Act to the legal representatives of the deceased- judgment-Debtor No. 2 after his death, such amount will not lose its character as such gratuity amount is totally exempt from attachment in view of the protection granted under Section 13 of the Payment of gratuity Act ... under the Payment of Gratuity Act to the deceased-second Judgment-Debtor during his life time and it became payable to his wife and other legal representatives after his death in view of the provisions of Section 4(1) of the Payment of Gratuity Act which was already referred to above. Inasmuch as the said gratuity amount is payable under the Payment of Gratuity Act to ... his heirs. Section 13 of the Payment of Gratuity Act provides that no gratuity payable in this Act... shall be liable to attachment in execution of any decree or order of any Court. In the present case, the gratuity amount laying with the Deputy Controller of Stores, South Central Railway, Secunderabad is payable under the Payment of Gratuity Act to the deceased-second Judgment-Debtor ... 4(1) of the Payment of Gratuity Act. The second proviso to Section 4(1) provides that in case of the death of the employee, gratuity payable to him shall be paid to his nominee or if no nomination has been made, to his heirs. Section 13 of the Payment of Gratuity Act provides that no gratuity payable in this Act... shall be liable ...

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 ...

Jul 28 1989

Veerabhadra Rao K. Ch. and Ors. Vs. Government of India, Ministry of F ...

  • Decided on : 28-Jul-1989

Court : Andhra Pradesh

Reported in : (1999)IIILLJ284AP

... act of grace.So the difference between the actual pay and thenotional pay cannot be held as arrears of pay. Thusthe notional pay cannot be taken into considerationfor calculating either gratuity or contributiontowards provident fund. 8. Section 2(s) of the Payment of Gratuity Act ... Payment of Gratuity Act, 1972 defines 'Wages' as meaning all emoluments which are earned by an employee while on duty or on leave in accordance with the terms and conditions of his employment and which are paid or are payable to him in cash and includes dearness allowance, but does not include any bonus, commission, house rent allowance, overtime wages for calculating the gratuity ... Act 40 of 1980 was given retrospective effect for those Officers whose pay scales were not revised on or after July 1, 1979. Anyhow when the adhoc payment was paid pending consideration of revision of pay it has to be held that the ad hoc payment is part of pay for calculating the gratuity ... payment was paid pending consideration of revision of pay it has to be held that the ad hoc payment is part of pay for calculating the gratuity. Similarly the notional pay from January 15, 1980 to December 31, 1982 has also to be taken as part of the pay for calculating gratuity ...

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 ...

Mar 08 2007

B. Rami Reddy Vs. Primary Agricultural Co-operative Credit Society Ltd ...

  • Decided on : 08-Mar-2007

Court : Andhra Pradesh

Reported in : 2007(3)ALD491; 2007(3)ALT651

... days of pay towards gratuity as per the Gratuity Act for every completed year of service, with a maximum of Rs. 1.00 lakh and the Managing Committee may sanction the gratuity to the employee of the society. On retirement of the petitioner, he was not paid any amount towards gratuity and the earned leave. ... of special bye-laws recommended by the Commissioner and Registrar of Co-operative Societies and adopted by the society on 30-4-2006, as to payment of gratuity?2. It appears, petitioner worked as Secretary of Primary Agricultural Co-operative Credit Society Limited, Suryapet, Suryapet Mandal, Nalgonda District. On attaining the age ... -laws in its meeting held on 26-3-2006. Further, in the Managing Committee meeting held on 30-4-2006, it was also resolved for payment of gratuity and benefits of leave and other allowances to the employees, who retired from the Society, as per special bye-laws dated 3-10-2005. ... no such provision in the special bye-laws. Therefore, the petitioner is not entitled for gratuity or for encashment of earned leave etc.4. Before going into the merits, it is relevant to refer Section 16(1) of the Act, which reads as under:16. Amendment of bye-laws of a society:(1) ... Section 16(1) of the Andhra Pradesh Co-operative Societies Act i.e. 12-6-2006. With regard to encashment of earned leave on retirement, there is no such provision in the special bye-laws. Therefore, the petitioner is not entitled for gratuity or for encashment of earned leave etc.4. Before ...

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