Practical Guide to Payment of Gratuity Act and Rules

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Description
We have immense pleasure to present A Manual on Criminal Procedure before the legal fraternity, teachers, Judges, Advocates, aspirants of competitive examinations and law students. During our interaction with young advocates, aspirants of competitive examinations and law students, it was felt that there seems to be a crying need for a book on the Code of Criminal Procedure that could fulfil their requirement in a simple manner. Keeping in view this aspect we have prepared this Manual in very simple language which is the first of its own kind. The authors of the Manual ntend to fulfil the need of the knowledge of Criminal Procedure in a graded manner and at the same time packaging it in a capsule form for all the stakeholders. Criminal law, in its wider sense…The Payment of Gratuity Act, 1972 is one of the most important labour legislations in India dealing with the conditions on which gratuity would be payable to employees. It is also one of the most fast-changing legislations with a large number of Court decisions constantly adding new legal concepts and issues. Therefore, there is a need for all concerned to always be abreast of the latest laws on this subject. Gratuity, as the term itself suggests, is a gratuitous payment given to an employee on discharge or retirement. The Act is not intended to do away with other retiral benefits already existing and available to the employees. In bringing the Act, the legislature clearly intended to confer extra benefits on the employees. Any Court, while construing the provisions of the Act, which is a piece of social legislation, must construe them so as to help in achieving the object of the legislation. The retiral benefits which stood conferred already on the employees did not militate against the benefit of gratuity. The endeavor must be to see that the retiral benefit schemes already existing and the scheme of gratuity under the Act co-exist in a concern. The Act of 1972 is a piece of social welfare legislation enacted with a view to lay down a uniform pattern of payment of gratuity to different categories of employees who are employed in shops and establishments. While interpreting the provisions of the Act, the Court has to bear in mind that a welfare legislation must receive liberal construction keeping in view the purpose of the legislation. Therefore, if more than one interpretation can be given to expression 'any law for the time being in force in relation to shops and establishments in a State', then the one which advances the object of the legislation will be preferred as against an interpretation which would wholly or partially defeat the legislative intendment. At one time it was treated as payment gratuitously made by the employer to his employee at his pleasure but the Payment of Gratuity Act makes it compulsory. Now gratuity is essentially a retiring benefit payable to an employee which as per the statute has been made payable on voluntary resignation as well. Gratuity is a reward for good, efficient and faithful service rendered for a considerable period. In labour jurisprudence the concept of "gratuity" has undergone a metamorphosis over the years. ...........................................................................................................................
Contents
The Payment of Gratuity Act, 1972
1.    Short title, extent, application and commencement
2.    Definitions
2A. Continuous Service
3.    Controlling authority
4.    Payment of gratuity
4A. Compulsory Insurance
5.    Power to exempt
6.    Nomination
7.    Determination of the amount of gratuity
7A.  Inspectors
7B.  Powers of Inspectors
8.    Recovery of gratuity
9.    Penalties
10.  Exemption of employer from liability in certain cases
11.  Cognizance of offences
12.  Protection of action taken in good faith
13.  Protection of gratuity
13A. Validation of payment of gratuity
14.  Act to override other enactments, etc.
15.  Power to make rules
Day to Day Clarifications
Obligation of Employers under the Payment of Gratuity Act, 1972
1.    To give notice of application of the Act to the Controlling Authority
2.    To Make Payment of Gratuity to the Employee or his/her nomiee
3.    To determine the amount of gratuity
4.    To deposit the gratuity of a deceased employee under certain circumstances
5.    To give notice of opening, change or closure of establishment
6.    To display notice
7.    An Opportunity of Hearing has to be given to an Employee before Forfeiting his Gratuity
8.    To obtain nomination from the employees
9.    To Intimate the Employee when his Claim for Gratuity is Rejected
10.   To display the abstract of the Act and Rules
11.   Intimation to Authority about Payment of gratuity
12.   Penalties
The Payment of Gratuity (Central) Rules, 1972
Calculation of Gratuity
Subject Index
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Author Details
H.L. Kumar, Advocate Supreme Court of India, Editor, Labour Law Reporter
Gaurav Kumar, MBA, LL.M., Advocate
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