Forfeiture of gratuity can be imposed to the extent of damages or loss caused by employee.
Jyotirmay Ray vs. The Field General Manager, Punjab National Bank & Ors. 2024 LLR 349; 2024 LLR WEB 23 (S.C.)
Order of controlling authority under the Payment of Gratuity Act awarding the amount to employee of the sub-contractor against the contractor without hearing and deciding the objections of the contractor would not be sustainable. High Court remanded back the matter to decide afresh.
FIS Payment Solutions and Services India Pvt. Ltd. vs. The Assistant Labour Commissioner (Central)-II and Controlling Authority & Ors. 2024 LLR 21 (Cal. H.C.)
When the workman challenges the dismissal order, he is not eligible for payment of gratuity.
Karnataka State Road Transport Corporation vs. The Assistant Labour Commissioner and Ors. 2024 LLR 161 (Kar. H.C.)
Mere transfer between two establishments owned by same management does not result in break in service. Service of period in both establishments will amount to continuous service for the purpose of gratuity.
Mercedes-Benz India Pvt. Ltd. vs. Noshir Nani Desai. 2024 LLR 242 (Bom. H.C.)
Principal employer is not liable to pay gratuity to the contract labour engaged by contractor in his establishment.
Kajal Bouri vs. The Appellate Authority & Anr. 2024 LLR 400; 2024 FLR (183) 15 Summary of Cases No. 25 (Cal. H.C.)
Seasonal employee under society who worked for more than 240 days in a year would be entitled to gratuity at the rate of 15 days wages to be calculated on the wages last drawn.
Secy., Co-oprative Cane Development Union Ltd. vs. Gyan Prakash Sharma. 2024 (180) FLR 782 (All. H.C.)
Once a certificate is issued under Section 8 of The Payment of Gratuity Act and forwarded to the Certificate Officer for execution, he is bound to execute the same.
Jadunath Dhali vs. State of West Bengal. 2024 (180) FLR 810; 2024 LLR WEB 31 (Cal. H.C.)
