Latest Expert Exchange Queries
sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
 
 
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Service Tax | Sales Tax | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Indirect Tax | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing
 
 
 
 
Popular Search: articles on VAT and GST in India :: form 3cd :: due date for vat payment :: list of goods taxed at 4% :: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes :: VAT RATES :: TDS :: VAT Audit :: ARTICLES ON INPUT TAX CREDIT IN VAT :: ACCOUNTING STANDARDS :: empanelment :: Central Excise rule to resale the machines to a new company :: cpt :: TAX RATES - GOODS TAXABLE @ 4% :: ACCOUNTING STANDARD
 
 
« News Headlines »
 Seven things you must do before 31st March
 Income Tax saving investments: Top 5 options available for high-income individuals
 How to use zero tax rule on long term capital gains on stocks
 GST Returns - Furnishing details of inward supplies
 5 ways to maximise you income tax return
 Income-tax (2nd Amendment) Rules, 2017
 Soon, Faster PAN, An App For Filing Tax Returns
 Changes in income tax return filing process
 New Income Tax Rates And Deductions Applicable From April 1, 2017
 Tax and transparencya
 No decision yet on imposing tax on cash transactions

Employer obliged to pay gratuity, should not wait for workers demand
January, 10th 2008
Under Gratuity Act, a terminal benefit was given to workman and contingency for such payment arises immediately on resignation, or retirement or death of such workman, the Madurai Bench of Madras High Court has ruled.

The law imposed an obligation on employers to pay gratuity and they need not wait for workmen to seek such payment.

In the present case, a driver (A. Pandiarajan) in Madurai Divn I of TN State Transport Corporation was dismissed from service from April 3, 2001 as he was charged with rash and negligent driving.

Petitioners contention

When he moved the authorities seeking gratuity, the Corporation (who is the petitioner) contended that because of loss caused by him due to rash and negligent driving, which amounted to Rs 2 lakh, there was no liability to pay gratuity to him. Also, it was contended that the driver had not furnished his correct wage particulars.

The appellate authority (Joint Commissioner of Labour, Madurai), rejected the Corporations appeal dated April 19, 2006 challenging the order of Assistant Commissioner of Labour.

Plea rejected

Mr Justice K. Chandru, who heard the petition, held that the controlling authority had rightly rejected the Corporations contention. The petitioner did not dispute the details furnished by the employee in Form I, and this Court found no illegality or perversity in the findings of controlling authority.

Court stance

The Corporation, the Judge said, neither passed any order regarding payment of gratuity, nor deprived gratuity payable to the employee on account of alleged loss caused due to accident.

When it had not discharged its obligation, it was not open to the petitioner now to say that the worker should have produced details to prove his wages.

The authorities had recorded a finding of fact with reference to the quantum of wages against the Corporations contention. The petitioner having miserably failed to prove the exact wage of employee could not find fault with the employees attempt to prove the same. The writ petition was dismissed.

 
 
Home | About Us | Terms and Conditions | Contact Us
Copyright 2017 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Binarysoft Technologies - Privacy Policy

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions