Court : Punjab and Haryana
Reported in : AIR1983P& H94; [1984]56CompCas236(P& H)
S.S. Sandhawalia, C.J.1. Whether the actual receipt of insurance, provident fund, pension, or gratuity benefits by the dependants of a victim of an automobile accident must be taken into consideration for fixing a suitable multiplier in their claims of compensation under Section 110-B of the Motor Vehicles Act, is the significant question in this reference to the Full Bench.2. At the very threshold one must dutifully notice that herein there is undoubtedly a sharp cleavage of judicial opinion. There are two distinct and rival schools of thought. On one side is the somewhat liberal view that insurance, provident fund, pension or gratuity are the products of the employee's service or his thrift. Their true character is such that a tortfeasor should take over the benefit of these by getting a credit for them in mitigation of the damages that he must pay. They are the deferred returns of a man's thrift, prudence and foresight which are the true source of these benefits to his dependants an...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2000(4)ALT65(SC); 90(2000)CLT450(SC); [2000(86)FLR197]; JT2000(6)SC281; (2000)IILLJ1SC; 2000(4)SCALE670; (2000)6SCC493; (2000)3UPLBEC2055
..... this juncture. the appellants herein are the dependants of one m. kesavan the deceased employee of respondent no. 1 kesavan during his life time was working as an operator in coke oven (operation) of rourkela steel plant of the steel authority of india. the appellant no. 1 being the wife of the deceased employee developed certain complications after a surgery at .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)1GLR614; (2003)IILLJ451Guj
Akshay H. Mehta, J.1. This petition has been filed by a former employee of the respondent-Bank. At the relevant time, the petitioner was working as Branch Manager at Dewa Branch. The petitioner was placed under suspension with effect from 6th November, 1984 on the ground that he had committed certain acts of misconduct for which investigation and departmental inquiry were then in contemplation. Thereafter, the petitioner was served with an order of dismissal dated 13th November, 1987. For challenging the said order, the petitioner approached this Court by filing Special Civil Application No. 3052 of 1988, which was dismissed by the learned single Judge of this Court by judgment dated 22nd June, 1988. Against the judgment dismissing the petition, the petitioner preferred Letters Patent Appeal before the Division Bench of this Court which was also dismissed and the order terminating the service of the petition has become final as no further proceedings were preferred by him for that purp...
Tag this Judgment!Court : Allahabad
Reported in : [2006(111)FLR449]
Shishir Kumar, J.1. As the similar questions of law and facts are involved in the aforesaid writ petitions, therefore, they are being decided together.2. By means of the present writ petition (27256 of 1996) the petitioner has approached this Court for issuing a writ of mandamus directing the respondents Bank to pay to the petitioner's gratuity calculated at the rate of one month wages (inclusive of dearness allowance) per year of the service and also interest at the rate of 18% on the ground of delay in the payment of the total money due to the petitioner.3. The controversy involved in the present writ petition is that whether payment of gratuity on the retirement of the petitioner was payable at the rate of one month wages per year service or it was payable at the rate of 15 days wages per year of service as provided in the Payments of Gratuity Act, 1972 It may be stated that the State Government in exercise of its powers under Section 4-K of the Industrial Disputes Act, 1947 (herein...
Tag this Judgment!Court : Delhi
Reported in : 131(2006)DLT648; [2006(111)FLR661]; (2007)ILLJ50Del; 2007(2)SLJ258(Delhi)
Gita Mittal, J.1. By this writ petition the petitioner has impugned an order dated 4th September, 2001 passed by the Controller under the Payment of Gratuity Act, 1972 and the order dated 30th June, 2004 passed by the Appellate Authority confirming the same.2. Shri Vijay Kumar Churiwala (Respondent No. 2 herein) filed a claim against Filmistan Exhibitors Ltd., petitioner before this Court under the Payment of Gratuity Act, 1972 alleging that he was employed with the petitioner since December, 1963 and he worked continuously till 30th October, 2000. He claimed that on this date, the petitioner refused duty to him and thereby his services were terminated after a continuous employment of nearly 37 years. As the petitioner refused to pay gratuity amount payable to the respondent no. 2 under the Payment of Gratuity Act, 1972, he served a notice dated 25th January, 2001 by registered post as well as under postal certificate. The petitioner did not deny the assertions made in the notice by an...
Tag this Judgment!Court : Chennai
Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of Mandamus, directing the respondents 1 to 3 to pay to the petitioners, the terminal benefits arising on account of the death of their father.O R D E R1. Daughters of a Sub Divisional Engineer, Transmission Unit, Office of the Director, Bharat Sanchar Nigam Ltd., (BSNL), Chennai, claiming themselves as legal heirs, entitled to the terminal benefits, on account of the death of their father, have sought for a Mandamus, directing to the respondents 1 to 3 to pay the same. The 4th respondent is the brother of the deceased, in whose favour, the nomination has been made, by the employee.2. According to the petitioners/daughters, their father expired on 31.03.2002, in harness. The marriage between their parents was dissolved by a decree of divorce in 1989. As per the Hindu Succession Act, they are the Class-I heirs and that even if there was any dissolution of marriage between the parents, ...
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
..... the policy of insurance was obtained outside india without prior permission of the reserve bank of india and the permission of the government of india under the general insurance business (nationalisation) act, 1972. 14. we deem it appropriate to deal with the preliminary objections raised by the opposite parties regarding the non-maintainability of the complaint case. so far as the ..... insurance companies in foreign countries without prior permission of reserve bank of india. apart from permission from reserve bank of india, permission from government of india under general insurance business (nationalisation) act, 1972 is required to be taken in such cases. 9. on merit of the case, the opposite party nos. 1 and 2 denied any liability on their part to .....
Tag this Judgment!Court : Mumbai
Reported in : (1980)IILLJ424Bom; 1980MhLJ171
..... case of such employees the legislature has prescribed a minimum period for which they must render service. that period is 190 days if employed below the ground in a mine and 240 days, in any other case, except when he is employed in a seasonal establishment. there is intrinsic evidence in the explanation itself apart from the words ..... employee has been actually employed by an employer within the twelve months immediately preceding the year for not less than 190 days, if employed below the ground in a mine, or 240 days in any other case, except when he is employed in a seasonal establishment, then such employee shall be deemed to be in continuous service. an ..... he has been actually employed by an employer during the twelve months immediately preceding the year for not less than - (i) 190 days, if employed below the ground in a mine, or (ii) 240 days, in any other case, except when he is employed in a seasonal establishment. explanation ii. - an employee of a seasonal establishment shall be .....
Tag this Judgment!Court : Mumbai
Reported in : 1997(4)ALLMR377; 1997(2)BomCR591; [1997(75)FLR897]; (1997)IILLJ1050Bom
..... ............. (ii) ............ (iii) in any other case, the person, who or the authority which has the ultimate control over the affairs of the establishment, factory, mine, oil field, plantation, port railway company or shop and where the said affairs are entrusted to any other person, whether called a manager or managing director or by ..... and section 2(c) defines 'employee' as follows : '(e) 'employee' means any person (other than an apprentice) employed on wages in any establishment, factory, mine, oil field, plantation, ort, railway company or shops, to do any stilted, semi-skilled or unskilled, manual, supervisory, technical or clerical work, whether the terms of ..... act. the preamble of the said act states : 'an act to provide for a scheme for the payment of gratuity to employees engaged in factories, mines, oil fields, plantations, ports, railway companies, shops or other establishments and for matter connected therewith or incidental thereto'. as far as the extent, application .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC1064; [1984(49)FLR1]; 1984LabIC790; (1984)IILLJ223SC; 1984(1)SCALE586; (1984)3SCC369; [1984]3SCR325; 1984(16)LC986(SC)
..... uncovenanted employee of the company, whether paid on monthly, weekly or on daily basis, including those borne on the pay rolls of the company of the collieries and at one mines and quarries, will be eligible for a retiring gratuity which shall be equal to half a month's salary or wages for every completed year of continuous service, subject to .....
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