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“Section 4(5) of Payment of Gratuity Act, 1972 is indicative of fact that the Act being a beneficial legislation, entitlement of employee cannot be reduced below the prescribed ceiling limit under Section 4(3) of Act, rather this provision approves receiving of a better gratuity than what is notified by Central Government.”
Kerala High Court suggested the petitioner to choose between Payment of Gratuity Act, 1972 and Kerala State Housing Board Employees’ (Pension and other Retirement Benefits) Regulations, 1990 for claim of gratuity or DCRG, since he cannot have gratuity under one with the ceiling limit payable under another Act.
“When the legislature acts within its power to usher in a valid law and rectify a legal error, even after a court ruling, the legislature exercises its constitutional power to enact the law and does not overrule an earlier court decision.”
Vide notification dated 29th March, 2018, the Central Government has specified for the purposes of clause (iv) of the Explanation to sub-section
Karnataka High Court: While passing the order in a writ petition under Articles 226 and 227 of the Constitution challenging the retrospective