Gratuity is payable in addition to PF & Pension - Supreme Court
CiteHR
 
HOME ANSWERED NEW ABOUT LOGIN
Home > Human Resource Section > Employee Compensation & Benefits

Gratuity is payable in addition to PF & Pension - Supreme Court

pca Started The Discussion:

Dear friends,

The Supreme Court has dismissed the appeal of Allahabad Bank and ruled that an officer, who opted for voluntary retirement from service and paid gratuity and provident fund, was also entitled to pension. In this case, Allahabad Bank vs A C Aggarwal, the officer retired and was paid gratuity. Then, he asked for pension. The bank rejected it, saying benefits under the pension scheme was subject to the condition of refund of the amount of gratuity already paid to him and submission of an irrevocable undertaking that he will be getting pension in lieu of gratuity. He challenged the bank’s stand in the Allahabad High Court, arguing that it was against the bank rules and constitutional provisions. He further argued that State Bank of India was paying gratuity to its employees in addition to other retiral benefits and, therefore, there was no justification to discriminate the employees of another public sector bank. The high court accepted the argument and asked the bank to pay pension. It moved the Supreme Court. The apex court rejected the appeal and said the law regarding payment of gratuity has overriding power over other rules and regulations. Moreover, the judgment noted the bank had earlier unsuccessfully tried to get exemption from the gratuity law, but the government had rejected its request.

Thanks


Attached FilesProvided by community member pca. Join us to learn and grow with your peers.
File Type: pdf SC - Gratuity is in addition to PF & pension 13.3.2013.pdf (261.0 KB, 439 views)
sumitk.saxena - Contributing Member
Thanks for this nice updation, thanks & best regards, from, Sumit Kumar Saxena

Dear Agrawal Thanks for sharing the information, Ramesh Vuriti

Thanks a lot , non abstant clouse exist there as many cases in favour on this . RB

malay.kumar1 - Contributing Member
Dear mr. Agrawal, thanks a lot for sharing the information. With regards

pbskumar2006 - Senior Member
Dear Agrawal ji, Thanks for inetiative information and updation. Regards, PBS KUMAR

gauritomar - Contributing Member
Thanks for valuable information. I have read your document. So Retired Employee did not get pension from Allahabad bank.
If he can refund amount of gratuity then only he will be able to get pension from Bank. is it so ?
Pls tell me.

tejbkc - 
Really very good update given by you. Also wanted to know after 5 years of service in a company and then switching over to a new venture-does the gratuity is payable immediately and how it is paid?

Dear Sir, Thanks to you, for your kind information given us. anant bhosle

Dear Agrwal, Thanks for updating valuable information for the benefit of employees. Regards, Sunil

Found This Useful? +Vote Up This Page Via Google.  

Why Vote? User validation is extremely important for good content to prosper.
Disclaimer: This network and the advice provided in good faith by our members only facilitates as a direction towards the actions necessary. The advice should be validated by proper consultation with a certified professional. The network or the members providing advice cannot be held liable for any consequences, under any circumstances.




Explore Topical Knowledge Areas

Interesting Relevant Discussions


DISCUSSSION STATISTICS


24
LIKES

1848
VIEWS

9
REPLIES

PLEASE KEEP YOUR CONDUCT PROFESSIONAL AND POLITE


3M Users, 100K+ Documents & 450K+ Discussions

Share »

Community Support & Professional Insights. Login or Register.
Email/Username     Password  

About Us - Advertise - Contact Us - RSS   On Google+  
All trademarks and copyrights held by respective owners. Member comments are owned by the poster.
Privacy Policy | Disclaimer | Terms Of Service
Facebook Page | Follow Us On Twitter | Linkedin Network