Allahabad Bank & Anr. V/s All India Allahabad Bank Retired Emps. Assn. , All India Allahabad Bank Retired Emps. Assn. V/s Allahabad Bank & Anr. , Allahabad Bank Retirees Assn. V/s Controlling Authority & Anr.

Information Type: Judicial Information
Court: Supreme Court
Date of Judgment(s): 2009-12-15
Case No: 1478 OF 2004
Case Type: Writ Petition (Civil)
Judge Name: B. Sudershan Reddy & R.M. Lodha
Subject: Service Law
Statutes / Acts: Payment of Gratuity Act, 1972
Section: ss. 4, 4(5), 5 and 14
Bench Strength: Double Bench
Advocate: P.P. Rao and Jitendra Sharma, Dhruv Mehta & K.L. Mehta and Co., Shail Kumar Dwivedi, Vandana Mishra, Ashutosh Kr. Sharma et. al (P and R)
State of Appellant(s): Uttar Pradesh
History of Case No: Judgment and Order dated 13.11.2003 of the High Court of Allahabad, Lucknow Bench in Civil Misc. Writ Petition No. 1002 of 1989
Equal Citation Details :

JT2009(15)SC394, (2010)ILLJ593SC, (2010)1MLJ1472(SC), 2009(14)SCALE577, (2010)2SCC44, 2010(2)SLJ379(SC), 2010(1)SLR22(SC), 2009(2)UJ1104, 2010(1)ALLMR(SC)941,  [2010(124)FLR192] 

Case Note / Description :

Section 2 (d) of the Act defines Controlling Authority  as an authority appointed by the appropriate Government under Section 3 of the Act. Under Section 3 the Controlling Authority is made responsible for the administration of the Act and it further provides for appointment of different authorities for different areas. Section 7 deals with for determination of the amount of gratuity. Every person who is eligible for payment of gratuity under the Act is required to send a written application to the employer in the prescribed form for payment of such gratuity. Sub-section (2) of Section 7 provides once the gratuity becomes payable, the employer shall, whether an application has been made or not, determine the amount of gratuity and give notice in 28writing to the person to whom the gratuity is payable and also to the Controlling Authority specifying the amount of gratuity so determined and arrange to pay the amount of gratuity to the person to whom the gratuity is payable. The Scheme envisaged under Section 7 of the Act, is that in case of any dispute to the amount of gratuity payable to an employee under the Act or as to the admissibility of any claim of, or in relation to, an employee payable to gratuity etc. the employer is required to deposit with the Controlling Authority the admitted amount payable as gratuity. 

 
 
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