Case Laws

• Compensation of Rs. 50,000 will be payable for withholding gratuity for three years.

Mohd. Zaheeruddin Siddiqui v. Executive Council, A.M.U. And Anr., 2000 LLR 458

• Budget Speech of Finance Minister will not justify the claim for higher gratuity.
Shitla Sharan Srivastava & Ors. v. Gvot. of India & Ors., 2001 LLR 898

• An employee has an option to claim gratuity where it is more beneficial.
E.I.D. Parry (I) Ltd. v. G. Omkar Murthy & Ors., 2001 LLLR 497

• Incentive payment of bonus will not be ‘wages’ for calculation of gratuity.
T.I. Cycles of India, Ambattur v. M.K. Gurumani and Ors., 2002 LLR 57

• Interest on delayed payment of gratuity will be payable by employer when the delay is not because of fault on the part of the employee.
H. Gangahanume Gowda v. Karnataka Agro Industries Corporation Ltd., 2003 LLR 354: 2003-I LLN 805

• A teacher, though engaged in very nobel profession of educating the young generation but neither performing any skilled, semi-skilled or unskilled, manual or supervisorh, technical work, will not be an ‘employee’ under section 2(e) of the Payment of Gratuity Act, thus not entitled to gratuity under the Act.
Ahmedabad Pvt. Primary Teachers v. Administrative Officer & Ors., 2004 LLR 97

• Even though the Government by its notification dated 3nd April, 1997, has extended the Payment of Gratuity Act upon the educational institutions also but the teachers being not ‘employees’ under the Act will not be eligible for gratuity.
Ahmedabad Pvt. Primary Teachers v. Administrative Officer & Ors., 2004 LLR 97

• Workman not entitled to take the benefit of both employment contract and amended Law under Payment of Gratuity Act.
Beed District Central Co-op. Bank Ltd. vs. State of Maharashtra & Ors. 2006 III CLR 667

• Services rendered by employee in different units of same establishment has to be considered for gratuity calculation.
M.C. Chamaraju vs. Hind Nippon Rural Industrial (P) Ltd. 2007 LLR 1129

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