Court : Karnataka
..... not paid complete gratuity which drew him to knock at the doors of the controlling authority under the payment of gratuity act, 1972 ( the act for short). ..... the short payment of gratuity leads the petitioner before the controlling authority under the act as gratuity to the petitioner for the service he has rendered between 18-11-1971 and 01-01-1990 close to 19 ..... the controlling authority after placing reliance on the government orders issued by the state government from time to time and judgments rendered on the issue of entitlement of gratuity to an employee even if he is on daily wages, allows the claim, determines arrears of gratuity to be paid at `2,40,449/- and directs payment along with interest in terms ..... the very finding is erroneous as the controlling authority has referred to circulars of government themselves and holds that gratuity should be paid in its entirety i.e. ..... that the petitioner along with others was regularized in service in terms of the government order dated 01-01-1990 and gratuity is paid to the petitioner at `1,92,700/- which is for the period between 01-01-1990 and 31-05-2013. ..... mandya pin code57140, directing to initiate proceedings against r-2 and4to recover the arrears of gratuity as per the annexure-c1, c2 and c3 dtd0302.2022 this writ petition having been heard and reserved for orders on2111.2023, coming on for pronouncement this day, the court made the following:- order the petitioner is before this court seeking a direction by issuance of a writ in .....
Tag this Judgment!Court : Karnataka
..... daily-wage basis prior to his appointment as apprentice trainee (shop assistant), at least from 3-5- 1990 till 2-5-1992, he was working as an apprentice on a consolidated salary and the respondent himself was conscious of such fact since he had requested the corporation and its authorities to absorb his services on a permanent basis purportedly on the basis of a promise held out at the time when he was interviewed for appointment to the post of apprentice ..... to a conclusion that the evidence act would not applicable and what is applicable is only principles of natural justice is again untenable since as can be seen from unnumbered para 2 of internal page 9 of the impugned order, what the respondent no.2 has said is that the technicalities of the indian evidence act is not strictly applicable, the authority has considered and examined each and every clause thereof and has come to a conclusion that ..... of contributory provident funds in the six major organized industries named in schedule i, except undertakings owned by the central or a state government or by a local authority. ..... that no bonus and gratuity is liable to be paid, it is another thing to say - 101 - wp no.362 of 2021 that bonus and gratuity is included in ..... been provisions through old age and survivors, pensions as has been done in ..... 8, 1963, the company advertised in a local newspaper of kolhapur that it had trucks in working condition for sale 8 (1968) 1 scr300- 49 - wp no.362 of 2021 and also trucks in working condition to be .....
Tag this Judgment!Court : Karnataka
..... rates due from the company to the central or a state government or to a local authority at the relevant date as defined in clause (c) of sub- section (8), and having become due and payable within the twelve months next before that date; (b) all wages or salary (including wages payable for time or piece work and salary earned wholly or in part by way of commission) of any employee, in respect of services rendered to the company and due for a period not exceeding four months within the ..... .) rights capable of being transferred to and vested in the workman, all amounts due in respect of any compensation or liability for compensation under the said act in respect of the death or disablement of any employee of the company; (f) all sums due to any employee from a provident fund, a pension fund a gratuity fund- or any other fund for the welfare of the employees, maintained by the company; and (g) the expenses of any investigation held in pursuance of section 235 or 237, in so far as they are ..... shall be made in the following order of priority, namely - first - the taxed costs of the petition, including the taxed costs of any person appearing on the petition whose costs are allowed by the court; next - the costs and expenses of any person who makes, or concurs in making, the company's statement of affairs; next - the necessary disbursements of the official liquidator other than expenses properly incurred in preserving, realising or getting in the properties of the .....
Tag this Judgment!Court : Karnataka
..... subsequent to gursewak singh s case referred to supra held that the employees of nagar nigam kanpur were 5 (2019) 6 scc103w.p.no.46017/2017 c/w w.p.no.46019/2017, w.p.no.46105/2017 w.p.no.46106/2017, w.p.no.46107/2017 w.p.no.46108/2017 14 entitled to gratuity despite ccs (pension) rules provided for them for payment of pension and gratuity in view of the fact that the central government by notification dated 08.01.1982 specified that the local bodies where ten or more persons are employed, the act shall apply. ..... these writ petitions having been heard and reserved for orders on13h april2022 coming on for pronouncement of order this day, the court made the following: order the above petitions are filed seeking quashing of the orders of the controlling authority/appellate authority under the payment of gratuity act, 1972 ( the act for short) awarding gratuity amount claimed by respondent no.1 with interest at 10% per annum. ..... circle bannerghatta road bengaluru 560 029 respondents (by sri d.s.shivananda, aga for r2 & r3; r1(a) to r1(d) served) this writ petition is filed under articles226and227of constitution of india praying to quash and set aside the order dated1612.2014 (annexure-c) passed by the assistant labour commissioner and gratuity controlling authority, mysore and quash and set aside the order dated0601.2016 (annexure d) passed by the w.p.no.46017/2017 c/w w.p.no.46019/2017, w.p.no.46105/2017 w.p.no.46106/2017, w.p.no.46107/2017 w.p.no.46108/2017 7 deputy labour .....
Tag this Judgment!Court : Karnataka
..... subsequent to gursewak singh s case referred to supra held that the employees of nagar nigam kanpur were 5 (2019) 6 scc103w.p.no.46017/2017 c/w w.p.no.46019/2017, w.p.no.46105/2017 w.p.no.46106/2017, w.p.no.46107/2017 w.p.no.46108/2017 14 entitled to gratuity despite ccs (pension) rules provided for them for payment of pension and gratuity in view of the fact that the central government by notification dated 08.01.1982 specified that the local bodies where ten or more persons are employed, the act shall apply. ..... these writ petitions having been heard and reserved for orders on13h april2022 coming on for pronouncement of order this day, the court made the following: order the above petitions are filed seeking quashing of the orders of the controlling authority/appellate authority under the payment of gratuity act, 1972 ( the act for short) awarding gratuity amount claimed by respondent no.1 with interest at 10% per annum. ..... circle bannerghatta road bengaluru 560 029 respondents (by sri d.s.shivananda, aga for r2 & r3; r1(a) to r1(d) served) this writ petition is filed under articles226and227of constitution of india praying to quash and set aside the order dated1612.2014 (annexure-c) passed by the assistant labour commissioner and gratuity controlling authority, mysore and quash and set aside the order dated0601.2016 (annexure d) passed by the w.p.no.46017/2017 c/w w.p.no.46019/2017, w.p.no.46105/2017 w.p.no.46106/2017, w.p.no.46107/2017 w.p.no.46108/2017 7 deputy labour .....
Tag this Judgment!Court : Karnataka
..... subsequent to gursewak singh s case referred to supra held that the employees of nagar nigam kanpur were 5 (2019) 6 scc103w.p.no.46017/2017 c/w w.p.no.46019/2017, w.p.no.46105/2017 w.p.no.46106/2017, w.p.no.46107/2017 w.p.no.46108/2017 14 entitled to gratuity despite ccs (pension) rules provided for them for payment of pension and gratuity in view of the fact that the central government by notification dated 08.01.1982 specified that the local bodies where ten or more persons are employed, the act shall apply. ..... these writ petitions having been heard and reserved for orders on13h april2022 coming on for pronouncement of order this day, the court made the following: order the above petitions are filed seeking quashing of the orders of the controlling authority/appellate authority under the payment of gratuity act, 1972 ( the act for short) awarding gratuity amount claimed by respondent no.1 with interest at 10% per annum. ..... circle bannerghatta road bengaluru 560 029 respondents (by sri d.s.shivananda, aga for r2 & r3; r1(a) to r1(d) served) this writ petition is filed under articles226and227of constitution of india praying to quash and set aside the order dated1612.2014 (annexure-c) passed by the assistant labour commissioner and gratuity controlling authority, mysore and quash and set aside the order dated0601.2016 (annexure d) passed by the w.p.no.46017/2017 c/w w.p.no.46019/2017, w.p.no.46105/2017 w.p.no.46106/2017, w.p.no.46107/2017 w.p.no.46108/2017 7 deputy labour .....
Tag this Judgment!Court : Karnataka
..... subsequent to gursewak singh s case referred to supra held that the employees of nagar nigam kanpur were 5 (2019) 6 scc103w.p.no.46017/2017 c/w w.p.no.46019/2017, w.p.no.46105/2017 w.p.no.46106/2017, w.p.no.46107/2017 w.p.no.46108/2017 14 entitled to gratuity despite ccs (pension) rules provided for them for payment of pension and gratuity in view of the fact that the central government by notification dated 08.01.1982 specified that the local bodies where ten or more persons are employed, the act shall apply. ..... these writ petitions having been heard and reserved for orders on13h april2022 coming on for pronouncement of order this day, the court made the following: order the above petitions are filed seeking quashing of the orders of the controlling authority/appellate authority under the payment of gratuity act, 1972 ( the act for short) awarding gratuity amount claimed by respondent no.1 with interest at 10% per annum. ..... circle bannerghatta road bengaluru 560 029 respondents (by sri d.s.shivananda, aga for r2 & r3; r1(a) to r1(d) served) this writ petition is filed under articles226and227of constitution of india praying to quash and set aside the order dated1612.2014 (annexure-c) passed by the assistant labour commissioner and gratuity controlling authority, mysore and quash and set aside the order dated0601.2016 (annexure d) passed by the w.p.no.46017/2017 c/w w.p.no.46019/2017, w.p.no.46105/2017 w.p.no.46106/2017, w.p.no.46107/2017 w.p.no.46108/2017 7 deputy labour .....
Tag this Judgment!Court : Karnataka
..... subsequent to gursewak singh s case referred to supra held that the employees of nagar nigam kanpur were 5 (2019) 6 scc103w.p.no.46017/2017 c/w w.p.no.46019/2017, w.p.no.46105/2017 w.p.no.46106/2017, w.p.no.46107/2017 w.p.no.46108/2017 14 entitled to gratuity despite ccs (pension) rules provided for them for payment of pension and gratuity in view of the fact that the central government by notification dated 08.01.1982 specified that the local bodies where ten or more persons are employed, the act shall apply. ..... these writ petitions having been heard and reserved for orders on13h april2022 coming on for pronouncement of order this day, the court made the following: order the above petitions are filed seeking quashing of the orders of the controlling authority/appellate authority under the payment of gratuity act, 1972 ( the act for short) awarding gratuity amount claimed by respondent no.1 with interest at 10% per annum. ..... circle bannerghatta road bengaluru 560 029 respondents (by sri d.s.shivananda, aga for r2 & r3; r1(a) to r1(d) served) this writ petition is filed under articles226and227of constitution of india praying to quash and set aside the order dated1612.2014 (annexure-c) passed by the assistant labour commissioner and gratuity controlling authority, mysore and quash and set aside the order dated0601.2016 (annexure d) passed by the w.p.no.46017/2017 c/w w.p.no.46019/2017, w.p.no.46105/2017 w.p.no.46106/2017, w.p.no.46107/2017 w.p.no.46108/2017 7 deputy labour .....
Tag this Judgment!Court : Karnataka
..... subsequent to gursewak singh s case referred to supra held that the employees of nagar nigam kanpur were 5 (2019) 6 scc103w.p.no.46017/2017 c/w w.p.no.46019/2017, w.p.no.46105/2017 w.p.no.46106/2017, w.p.no.46107/2017 w.p.no.46108/2017 14 entitled to gratuity despite ccs (pension) rules provided for them for payment of pension and gratuity in view of the fact that the central government by notification dated 08.01.1982 specified that the local bodies where ten or more persons are employed, the act shall apply. ..... these writ petitions having been heard and reserved for orders on13h april2022 coming on for pronouncement of order this day, the court made the following: order the above petitions are filed seeking quashing of the orders of the controlling authority/appellate authority under the payment of gratuity act, 1972 ( the act for short) awarding gratuity amount claimed by respondent no.1 with interest at 10% per annum. ..... circle bannerghatta road bengaluru 560 029 respondents (by sri d.s.shivananda, aga for r2 & r3; r1(a) to r1(d) served) this writ petition is filed under articles226and227of constitution of india praying to quash and set aside the order dated1612.2014 (annexure-c) passed by the assistant labour commissioner and gratuity controlling authority, mysore and quash and set aside the order dated0601.2016 (annexure d) passed by the w.p.no.46017/2017 c/w w.p.no.46019/2017, w.p.no.46105/2017 w.p.no.46106/2017, w.p.no.46107/2017 w.p.no.46108/2017 7 deputy labour .....
Tag this Judgment!Court : Karnataka Dharwad
..... corporations or boards, by notification, from time to time, specify; (f) member of a committee or board, statutory or non-statutory, constituted by the government; and (g) a person in the service of pay of,- (i) a local authority in the state of karnataka; (ii) a statutory body or a corporation (not being a local authority) established by or under a state or central act, owned or controlled by the state government and any other board or corporation as the state government may, having regard to its financial interest therein by notification, from time to time, specify; (iii ..... at any time,- (a) the chief minister; (b) a minister; (c) a member of the state legislature; (d) a government servant; (e) the chairman and vice-chairman (by whatever name called) or a member of a local authority in the state of karnataka or a statutory body or corporation 30 established by or under any law of the state legislature, including a co-operative society, or a government company within the meaning of section 617 of the companies act, 1956 and such other corporations or boards as the state government may, having regard to its financial interest in such ..... (d) action taken in respect of appointments, removals, pay, discipline, superannuation or other matters relating to conditions of service of public servants but not including action relating to claims for pension, gratuity, provident fund or to any claims which arise on retirement, removal or termination of service.16. .....
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