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

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 ...

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 ...

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 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 ...

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. ...

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 ...

Dec 01 1965

Managing Member Nirmal Industries, Khairatabad, Hyderabad Vs. Naseemud ...

  • Decided on : 01-Dec-1965

Court : Andhra Pradesh

Reported in : AIR1967AP370

... Payment of Wages Act by Act 68 of 1957. But it is claimed that the 1st respondent is entitled to gratuity under section 36 of the Hyderabad Shops & Establishments Act, 1951. In this Act, section 2(6) clause (20) 'wages' means wages as defined in the Payment of Wages Act, 1936. At the relevant time, therefore the expression 'wages' under the Hyderabad Shops & Establishments Act, does not include any gratuity ... Act, the Authority under the Payment of Wages Act would have jurisdiction not only to order payment of gratuity under section 36 (1) but also subsequent wages till the gratuity is paid under section 36 (a) Section 37-A of the Hyderabad Shops & Establishments Act provides that the provisions of S. 15 of the Payment of Wages Act ... Payment of Wages Act, the Authority appointed under the Payment of Wages Act could not order payment of gratuities payable on discharge. In the present case, since the services of the 1st respondent were terminated on 16th November, 1956, the 1st respondent could not, it is argued, rely upon the amendment introduced into the Payment of Wages Act by Act ...

Dec 24 1987

P. Galemma and Ors. Vs. Appellate Authority under Payment of Gratuity ...

  • Decided on : 24-Dec-1987

Court : Andhra Pradesh

Reported in : (1994)IIILLJ791AP

... 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 ... 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 at ... respondent (employer) under Rule 7(1) of the Payment of Gratuity (Central) Rules, 1972 on 7.11.1980. Through his reply, dated 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) ... payment of gratuity under this Act or any person authorised, in writing, to act on his behalf shall send a written application to they employer, within such time and in such form, as may be prescribed, for payment of such gratuity.'Rule 7(1) says that an employee who is eligible for payment of gratuity under the Act, or any person authorised in writing, to act ...

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