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Sarjooram Sharma (Assistant Labour commissioner)     16 January 2010

More Beneficial Theory/ overriding effect:

More Beneficial Theory/ overriding effect:

Section 2(d), 3 and 4(5)- Controlling Authority - responsible for administration of Act- No jurisdiction conferred upon the Controlling Authority to deal with any issue under section 4(5) as to whether terms of gratuity payable under any award or agreement or contract is more beneficial to employee than that under the Act- Sub section 4 of Section 5 protects right of employee to receive better terms of gratuity under award, agreement or contract with employer than benefits conferred under the Act.
Section 4 and 14- Provisions under -shall have effect notwithstanding anything inconstintant therein, contained in any enactment or any instrument or contract- Right to receive gratuity - cannot be defeated by any instrument or contract.
Section 4(1), 2(e) and 5 - Payment of gratuity - availability of benefits of- Appellant bank an establishment and an employer within the meaning of provisions of the Act- Termination of employment of employee after rendering continuous service for not less than five years or superannutation or resignation or retirement- Gratuity payable is statutory right - cannot be taken away except in accordance with the provisions of the Act.
Section 5 - exemption - cannot be granted by any Government unless established that employees are in receipt of gratuity or pension more favourbale than that conferred under the Act.
S.C. dated 15-12-2009 in Civil Appeal no. 1478 of 2004 beween Allahabad Bank v/s All India Allahabad Bank Retired Employees Association. [2010(124)FLR192].


 8 Replies

Isaac Gabriel (Advocate)     17 January 2010

Useful information .

Vijayarajan (Executive Director)     19 January 2010

Can you furnish the ref in LLJ for citation?

Sarjooram Sharma (Assistant Labour commissioner)     22 January 2010

No, I have not gone through the LLJ. Case no. is given and you and search in the net for full text.

Ashok. B.V. (Executive-Legal)     22 April 2010

Dear Sir,

under gratuity as you said there is no jurisdictional factor. Whether employee can file the application to the controller any where in India?

kindly advise me

Sarjooram Sharma (Assistant Labour commissioner)     23 April 2010

No, there is not juridicational issue cited in the captioned case law.territorial jurisdiction is applicable while filing any case.

Isaac Gabriel (Advocate)     24 April 2010

The case deals with the issues inquestion and not the jurisdiction.This case law is an answer to problems arise for sanction of facilities to the work force pointing out someother privileges inlieu of.

Ashok. B.V. (Executive-Legal)     29 April 2010

Dear Sirs,

The employee committed the offence of moral tupitude during his tenure. but it has come to the surface after 2 two months from the date his resignation. can we withheld the gratuity amount based on sadi reason? or what option is available for me to take proper action against employee? 

Vijayarajan (Executive Director)     30 April 2010

For moral turptitude you can issue memo of charges and if it is proved in an enquiry, you can again issue a notice/and extend a hearing for natural justice, for withholding payment of gratuity and then only you can withhold the gratuiy.

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