Gratuity - a Right not Bounty

Last updated: 16 February 2008


Gratuity - a Right not Bounty

 

The Supreme Court has ruled that, Gratuity is an inalienable right of an employee and not a bounty or reward that is offered by the management, A Bench of Justices S B Sinha and H S Bedi said that when a benefit is extended to a group of employees, the same cannot be denied to the other group of employees, if they were entitled to the benefit under the scheme.

The Apex Court observed while dismissing an appeal filed by the Life Insurance Corporation of India (LIC), “An employee is entitled to gratuity if it is not a bounty. It is payable of successful tenure of service,” LIC had filed the appeal against a Karnataka High Court ruling which had held that the corporation’s Chairman does not enjoy any unbridled powers to fix pay scales and other benefits for the employees.

The Gujarat and Kerala High Court had ruled in favour of the High Court earlier, but the Karnataka High Court gave contrary ruling following which the corporation had appealed in the Apex Court.

The Chairman or the other authorities can invoke the powers only as delegated to them under the relevant statute.

The dispute related to fixation of reduced gratuity to officers who had retired prior to August one, 1994. According to an order passed by the Chairman, those employees who retired prior to August one, 1994, were entitled to reduced gratuity based on the pay scale.




News posted by

Finance news reporter covering taxation, GST, income tax, business compliance, and economy updates. I simplify complex financial topics into easy-to-understand articles for professionals, taxpayers, and business owners on leading finance and tax platforms.

Click here to Login and post comments    OR



More »


Popular News





CCI Pro



Company
ARTICLESHIP 15 July 2026
CA Articles

Kinjal H Shah & Co.

Mumbai

CA Foundation

View Details
Company
14 July 2026
Senior Executive/ Manager

H S SHARMA AND CO

Pune

CA Final

View Details
Company
28 July 2026
Senior accountant

RJ Public School

Bengaluru

B.Com

View Details
Company
11 July 2026
CA semi qualified

Vakilsearch.com

Chennai

CA Inter

View Details
Company
ARTICLESHIP 08 July 2026
Article internship

AJAY SINGH AND CO LLP

Thane

CA Final

View Details
Company
23 July 2026
CA Inter

Vikram Jadhav and Company

Pune

CA Inter

View Details
Company
20 July 2026
Senior GST Executive

Chandak Agarwal & Co

Mumbai

Graduate (Any)

View Details
Company
ARTICLESHIP 16 July 2026
CA Article

Pipara & Co. LLP.

Mumbai

CA Inter

View Details