Shamina Yeasmin -Vs- The State of West Bengal & Ors - 23.07.2018 W.P.10193(W) of 2018
Hon'ble Supreme Court directed to pay interest to the widow/petitioner at the rate of 9% per annum on account of delayed payment of death gratuity amount from November 14, 2016 to March 8, 2018 within a period of three months from the date of communication of this order.
University of Delhi v. Sharwan Kumar Gupta W.P.(Civil) No. 5138/2014 Order dt 14.09.2020
Hon'ble High Delhi in the case of University of Delhi v. Sharwan Kumar Gupta, W.P.(Civil) No. 5138/2014 has held as under: "16. The Payment of Gratuity Act, 1972 is a complete code in itself. It is clear from the law and the judgments mentioned above that Provisions of Payment of Gratuity Act, 1972 shall have overriding effect on all other provisions relating to Gratuity.
Union Bank Of India And Others v. C.G. Ajay Babu And AnotherSupreme Court Of India Aug 14, 2018
Forfeiture of Gratuity is not automatic on dismissal from service; it is subject to sub-sections (5) and (6) of Section 4 of the Payment of Gratuity Act, 1972
19. In the present case, there is no conviction of the respondent for the misconduct which according to the Bank is an offence involving moral turpitude. Hence, there is no justification for the forfeiture of gratuity on the ground stated in the order dated 20-4-2004 that the “misconduct proved against you amounts to acts involving moral turpitude”. At the risk of redundancy, we may state that the requirement of the statute is not the proof of misconduct of acts involving moral turpitude but the acts should constitute an offence involving moral turpitude and such offence should be duly established in a court of law.5
20. That the Act must prevail over the Rules on Payment of Gratuity framed by the employer is also a settled position as per Jaswant Singh Gill (2007) 1 SCC 663. Therefore, the appellant cannot take recourse to its own Rules, ignoring the Act, for denying gratuity.
21. To sum up, forfeiture of gratuity is not automatic on dismissal from service; it is subject to sub-sections (5) and (6) of Section 4 of the Payment of Gratuity Act, 1972.