Latest Expert Exchange Queries

GST Demo Service software link: https://ims.go2customer.com
Username: demouser Password: demopass
Get your inventory and invoicing software GST Ready from Binarysoft info@binarysoft.com
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) | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing | GST - Goods and Services Tax
 
 
 
 
Popular Search: cpt :: due date for vat payment :: TAX RATES - GOODS TAXABLE @ 4% :: Central Excise rule to resale the machines to a new company :: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes :: VAT Audit :: ACCOUNTING STANDARD :: articles on VAT and GST in India :: ACCOUNTING STANDARDS :: empanelment :: ARTICLES ON INPUT TAX CREDIT IN VAT :: form 3cd :: TDS :: VAT RATES :: list of goods taxed at 4%
 
 
« News Headlines »
 A tax saver scheme with higher returns
 GST registration mandatory for TDS entities
 Govt rules out extension for filing GSTR-3B returns after December
 Tax department’s e-filing portal out of action for 2 hours
 Use ITR-2 to show salary and capital gains income
  TDS Applicability On Government Contracts Under Gst (Under Section 51 Of The Cgst Act, 2017)
  How to file ITR for FY 2016-17 and all the links you need
 All about E-way Bill under GST
 Good and simple tax: on the GST regime
 Seeks to extend the time limit for filing of GSTR-1, GSTR-2 and GSTR-3
 Good news, find Tax Return Preparers soon at a place near you; 5 things to know

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