Supreme Court Judgment On Right To Gratuity
Supreme Court Judgment On Right To Gratuity
Supreme Court Judgment On Right To Gratuity
com
REPORTABLE
WITH
VERSUS
JUDGMENT
Hemant Gupta J.
Digitally signed by
passed by the Controlling Authority, Kanpur under the Payment of
POOJA ARORA
Date: 2019.04.02
18:05:02 IST
Reason:
Gratuity Act, 19721 was not interfered with.
1 Act
1
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2. Civil Appeal No. 2629 of 2017 has also been taken up along
Authorities under the Act. The argument of the appellant before the
the rate of 15 days salary per month for 16.5 months. It was found by
the High Court that it is the Act which is applicable, whereby, gratuity
4. The argument raised by the appellant before the High Court is,
2 1959 Act
3 1962 Regulations
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held that the Act is not applicable only to the Central Government or
the Act.
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meaning of any law for the time being in force in relation to shops
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employed, the said provision has two conditions, viz. (i) a shop or
1(3) of the Act. Clause (a) is not applicable on the face of the
(c) of the 1962 Act as such Act is not applicable to the offices of the
10. In terms of the above said Section 1(3)(c) of the Act, the
NOTIFICATION
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Sd/.
(R. K. A. Subrahmanya)
Additional Secretary
abundantly clear that the Act is applicable to the local bodies i.e., the
12. In view of Section 14 of the Act, the provision in the State Act
13. Section 2(e) of the Act alone was referred to in the judgment
6 1972 Rules
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14. The entire argument of the appellant is that the State Act
Act and that liberal payment of gratuity is in fact in the interest of the
employees. Thus, the gratuity would be payable under the Act. Such
dismissed.
…….………..…………………………J.
(Mohan M. Shantanagoudar)
……………………………………………J.
(Hemant Gupta)
New Delhi
April 2, 2019
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