{"id":499,"date":"2020-04-23T10:29:56","date_gmt":"2020-04-23T10:29:56","guid":{"rendered":"http:\/\/lexforti.com\/legal-news\/?p=499"},"modified":"2021-01-07T05:21:59","modified_gmt":"2021-01-07T05:21:59","slug":"no-deduction-from-the-gratuity-could-be-made-by-the-employer-in-such-a-manner-which-is-inconsistent-with-the-provisions-of-the-payment-of-gratuity-act-1972","status":"publish","type":"post","link":"https:\/\/lexforti.com\/legal-news\/no-deduction-from-the-gratuity-could-be-made-by-the-employer-in-such-a-manner-which-is-inconsistent-with-the-provisions-of-the-payment-of-gratuity-act-1972\/","title":{"rendered":"No deduction from the gratuity could be made by the employer in such a manner which is inconsistent with the provisions of the Payment of Gratuity Act 1972."},"content":{"rendered":"\n

Harshit Sharma | Amity Law School, Madhya Pradesh | 13th January 2020  <\/strong><\/p>\n\n\n\n

Sri Tapan Chandra V\/s. Union of India W.P. No. 22312 (W) of 2018<\/strong><\/p>\n\n\n\n

FACTS OF THE CASE<\/strong><\/p>\n\n\n\n

  1. The\npresent petitioner was the employee of sail and super annuated on 31.10.2016\nafter rendering the service of 36 years, 9 months and 22 days. Thereby he was entitled\nto the Payment of Gratuity Act 1972. <\/strong><\/li>
  2. The petitioner on 24th\nNovember, 2017, filed an application for direction of payment of Gratuity along\nwith Form \u2018N\u2019 before the Controlling Authority under the Act, but the same was\ndismissed by an order dated 26th April, 2018. The order directed M\/s SAIL to\nmake payment of gratuity only after vacation of quarter allotted to the\npetitioner by the ASP.<\/li>
  3. Thereafter, a proceeding\nwas initiated by the ASP against the writ petitioner for unauthorized\noccupation of ASP Quarter. By an order dated 16th June, 2018 the Ld. Estate\nOfficer, SAIL, Durgapur Steel Plant allowed the application and directed the\npetitioner to vacate the said quarter within 15 days from the days from the\ndate of receipt of this order.<\/li>
  4. The petitioner preferred\nan appeal before the Appellate Authority against the Controlling Authority\u2019s\norder and the same was dismissed by an order dated 11th September, 2018\ndirecting the Bar & Bench (www.barandb,ench.com) 4 petitioner to pay penal\nrent to ASP for non-vacation of quarter after his superannuation. This penal\nrent was to be recovered from his gratuity thus, making the payment of gratuity\nconditional upon vacation of quarter by the petitioner.<\/li>
  5. Hence the present writ\npetition was preferred impugned the order of the appellant authority. <\/li><\/ol>\n\n\n\n

    ISSUES RAISED<\/strong><\/p>\n\n\n\n

    1. Whether any\ncompany\/organization is allowed to delay or withhold or make deductions from\nthe gratuity amount payable to the ex-employee after superannuation in case of\nnon-vacation of accommodation provided by the company \/ organization under the\nPayment of Gratuity Act, 1972? <\/li>
    2. Whether the SAIL Gratuity\nRules will have overriding effect on Payment of Gratuity Act, 1972?<\/li><\/ol>\n\n\n\n

      RULING OF THE COURT\/ THE\nCOURT HELD THAT<\/strong><\/p>\n\n\n\n

      While\nupholding in the favour of the petitioner, the petition was allowed and it was\ndirected that the gratuity payment be released in the favour of the petitioner\non the following findings and observed the following: <\/p>\n\n\n\n

      1. In\nthe light of the case of SAIL V.\nTaraknath Sengupta, the first issue was resolved stating \u201c\u2026 <\/strong>under no\ncircumstances can the employer make deductions or withhold the amount payable\nto the employee in terms of his gratuity amount apart from the three conditions\nmentioned in Section 4(6) of the said act. Moreover, in the present matter the\npetitioner has served the respondent company for more than 36 years and now\nupon his retirement he is entitled to get his Gratuity which is a statutory\nright backed by the provisions of the said Act. The only exception where the\ngratuity amount can be forfeited by the employer is only when any of the\nconditions mentioned under Section 4(6) of the said Act comes into play but in\nthe present matter none of the conditions are attracted and thus in this case,\nunder no circumstances, can the statutory right of the petitioner be curtailed.\nAccording to me the Appellate Authority had not looked into the case of the\nwrit petitioner in a diligent manner and thus the order dated 11th September,\n2018 is violating the rights of the petitioner.\u201d <\/li>
      2. \u201cAccordingly,\nrelying on the ratios carved out in Taraknath Sengupta & Ors. (supra) and\nRam Ranjan Mukherjee and Others (supra), I am of the view that ASP cannot\nwithhold the petitioner\u2019s gratuity other than for any other conditions as has\nbeen laid down in the Section 4(6) of the Act.\u201d<\/li>
      3. \u201cIn\nY.K. Singla v. Punjab National Bank and\nOrs.,<\/strong> the Supreme Court has examined Section 14 of the said Act and held\nthat the law is very clear with respect to its Bar & Bench\n(www.barandb,ench.com) 26 superiority and leaves no scope for any other\ninstrument or contract to frustrate the intent of the legislature behind the\nsaid Act. The law relating to gratuity must be governed by the said Act and in\nthe present case Rule 3.2.1(c) and Rule 3.2.1(d) of the Rules is clearly\ninconsistent with the said Act. Therefore, the defense taken by the respondent\nby relying on the SAIL Gratuity Rules cannot be considered as a valid one and I\nfind that the Payment of Gratuity Act, 1972, will have an overriding effect\nover the SAIL Gratuity Rules.\u201d <\/li><\/ol>\n\n\n\n

        <\/p>\n","protected":false},"excerpt":{"rendered":"

        Harshit Sharma | Amity Law School, Madhya Pradesh | 13th January 2020  Sri Tapan Chandra V\/s. Union of India W.P. No. 22312 (W) of 2018 FACTS OF THE CASE The present petitioner was the employee of sail and super annuated on 31.10.2016 after rendering the service of 36 years, 9 months and 22 days. 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He started his litigation practice before the Hon\u2019ble High Court of Madhya Pradesh since August, 2020 after being enrolled with the State Bar Council of Madhya Pradesh at enrolment number MP\/1228\/2020. Mr. Sharma hails from a generous and morally-valued driven family. He is the second-generation lawyer in his family who has taken up the task of stepping on the foot-steps of his father and the leading criminal advocate of the Gwalior Bar Sh. Vijay Dutt Sharma, Advocate. He always valued to strike a balance between education and moral-values which he quotes to have been a reflection of his mother Smt. Kusum Sharma and possibly this magical combination of the intellectual father and caring mother sailed him through to take the beautiful and successful academic leap, in both school as well as University. To quote the glorious academic years of Mr. Sharma, it all started with he been awarded with the Soli Sorabjee Award, which is bestowed upon the Legal Studies Topper of Class-XI (CBSE) of Gwalior Glory High School, Gwalior (M.P.). Since then, it has been the blessings of his parents, sister, teachers and family members that he completed his five-year integrated law course in B.A., LL.B. (Hons.) from Amity Law School, Amity University Madhya Pradesh, Gwalior with flying colours and been the over-all topper of the course since its inception to its culmination. Mr. Sharma also had in his names to attend various national and international seminars on growing issues in the field of law and throughout his college life, he has been an active member of the Moot Court Committee and in the culminating years of his college life, he has also served as the Chairperson of the Moot Court Committee of Amity Law School, Amity University Madhya Pradesh. His experience owed from his association with top-notched institutions of the country and law offices, including National Human Rights Commission, National Judicial Academy Bhopal, Chambers of Sh. Sanjay Gupta Ji Advocate (Gwalior, M.P.), Sh. Deepak Vasant Rao Khot Ji Advocate (Gwalior, M.P.), Sh. Fuzail Ahmad Ayyubi Ji Advocate (A-O-R Supreme Court of India), Sh. Vaibhav Shrivastava Ji (Office of Sh. Vivek Tankha Ji Senior Advocate), Sh. Prashant Vaxish Advocate (Supreme Court of India) to name a few. Apart from being an avid learner and through-out student of Law, Mr. Sharma has under his name various research papers and articles published in National as well as International Journals and UGC-Approved Journals, pan India. More so, he is a constant content writer for various online blogs including the LatestLaws.com, Lawyers Club India, Legal Services India, Advocates Pedia Foundation, etc. In addition to his academic excellence, he is green-belt holder in karate and has been a district-level Judo and Table-Tennis Player for his School Team. He is fond of reading books and to pen poetries in both, English as well as Hindi language is his best hobby to spare time with.\",\"sameAs\":[\"https:\/\/www.facebook.com\/harshit.sharma.1048\"],\"url\":\"https:\/\/lexforti.com\/legal-news\/author\/hshits1997\/\"}]}<\/script>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"No deduction from the gratuity could be made by the employer in such a manner which is inconsistent with the provisions of the Payment of Gratuity Act 1972. - LexForti","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/lexforti.com\/legal-news\/no-deduction-from-the-gratuity-could-be-made-by-the-employer-in-such-a-manner-which-is-inconsistent-with-the-provisions-of-the-payment-of-gratuity-act-1972\/","og_locale":"en_US","og_type":"article","og_title":"No deduction from the gratuity could be made by the employer in such a manner which is inconsistent with the provisions of the Payment of Gratuity Act 1972. - LexForti","og_description":"Harshit Sharma | Amity Law School, Madhya Pradesh | 13th January 2020  Sri Tapan Chandra V\/s. 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He started his litigation practice before the Hon\u2019ble High Court of Madhya Pradesh since August, 2020 after being enrolled with the State Bar Council of Madhya Pradesh at enrolment number MP\/1228\/2020. Mr. Sharma hails from a generous and morally-valued driven family. He is the second-generation lawyer in his family who has taken up the task of stepping on the foot-steps of his father and the leading criminal advocate of the Gwalior Bar Sh. Vijay Dutt Sharma, Advocate. He always valued to strike a balance between education and moral-values which he quotes to have been a reflection of his mother Smt. Kusum Sharma and possibly this magical combination of the intellectual father and caring mother sailed him through to take the beautiful and successful academic leap, in both school as well as University. To quote the glorious academic years of Mr. Sharma, it all started with he been awarded with the Soli Sorabjee Award, which is bestowed upon the Legal Studies Topper of Class-XI (CBSE) of Gwalior Glory High School, Gwalior (M.P.). Since then, it has been the blessings of his parents, sister, teachers and family members that he completed his five-year integrated law course in B.A., LL.B. (Hons.) from Amity Law School, Amity University Madhya Pradesh, Gwalior with flying colours and been the over-all topper of the course since its inception to its culmination. Mr. Sharma also had in his names to attend various national and international seminars on growing issues in the field of law and throughout his college life, he has been an active member of the Moot Court Committee and in the culminating years of his college life, he has also served as the Chairperson of the Moot Court Committee of Amity Law School, Amity University Madhya Pradesh. His experience owed from his association with top-notched institutions of the country and law offices, including National Human Rights Commission, National Judicial Academy Bhopal, Chambers of Sh. Sanjay Gupta Ji Advocate (Gwalior, M.P.), Sh. Deepak Vasant Rao Khot Ji Advocate (Gwalior, M.P.), Sh. Fuzail Ahmad Ayyubi Ji Advocate (A-O-R Supreme Court of India), Sh. Vaibhav Shrivastava Ji (Office of Sh. Vivek Tankha Ji Senior Advocate), Sh. Prashant Vaxish Advocate (Supreme Court of India) to name a few. Apart from being an avid learner and through-out student of Law, Mr. Sharma has under his name various research papers and articles published in National as well as International Journals and UGC-Approved Journals, pan India. More so, he is a constant content writer for various online blogs including the LatestLaws.com, Lawyers Club India, Legal Services India, Advocates Pedia Foundation, etc. In addition to his academic excellence, he is green-belt holder in karate and has been a district-level Judo and Table-Tennis Player for his School Team. He is fond of reading books and to pen poetries in both, English as well as Hindi language is his best hobby to spare time with.","sameAs":["https:\/\/www.facebook.com\/harshit.sharma.1048"],"url":"https:\/\/lexforti.com\/legal-news\/author\/hshits1997\/"}]}},"views":137,"_links":{"self":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts\/499"}],"collection":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/users\/144"}],"replies":[{"embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/comments?post=499"}],"version-history":[{"count":1,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts\/499\/revisions"}],"predecessor-version":[{"id":6967,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts\/499\/revisions\/6967"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/media\/414"}],"wp:attachment":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/media?parent=499"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/categories?post=499"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/tags?post=499"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}