|  | | Labour Commissionerate | | Labour & Employment Department, Government of Gujarat |
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| |  |  |  | | | | | HomeLegal & Administrative Court Judgment The Payment Of Gratuity Act, 1972 | | The Payment Of Gratuity Act, 1972 | | 20
2001-I-LLJ-1348 (SC)
Between
Nitin A. Mehta
And
Mehata Prafullaben Dalpatrai and Another | | | Payment of Gratuity Act, 1972 - Sec. 1(3)© - Bombay Shops and Establishments Act, 1948 - Provisions under - Central Government Notification dated April 3, 1977 - Application claming benefit of gratuity - Employer petitioner educational institution contending provisions of Payment of Gratuity Act not applicable - In light of Central Government notification dated April 3, 1977 bringing all educational institutions within purview of Payment of Gratuity Act, said Ac applicable to petitioner educational institution- Hence no jurisdictional error committed by controlling Authority in entertaining said application. | | 21
[2001 (90) FLR 770]
(SUPERME COURT)
Between
D.T.C.RETIRED EMPLOYEES' ASSOCIATION and others
And
DELHI TRANSPORT CORPORATION | | Payment of Gratuity Act, 1972-Section 4-Pension scheme- Introduced by employer Corporation-Appellants are retired employees and have opted for said scheme though they were paid gratuity-They cannot have the benefit of both the pension and gratuity-Pension scheme was implemented on basis of certain guidelines-It is not for the Court to interfere with.
The appellants were paid Gratuity for their long service, but at the time of receipt of this amount, they were not entitled to get Pension. Now the appellants have opted for Pension. That is a similar relief given to them for the longer service rendered by them. The appellants cannot have the benefit of both the Pension and Gratuity.
It is true that there was some delay in implementing the Scheme, but all the retired employees were given sufficient opportunity to exercise their option. | | | | | | |
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