SANKARI ROY Vs. STATE OF TRIPURA
HIGH COURT TRIPURA
STATE OF TRIPURA
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Sanjay Karol; CJ. -
(1.)Petitioner has prayed for the following reliefs:
"(i) Issue Rule upon the Respondents to show cause as to why a writ in the nature of Mandamus and/or order/orders and/or direction/directions of like nature shall not be issued whereby directing the Respondents to make the full and final payment of gratuity with interest @ 9% per annum to the Petitioner w.e.f. 01.12.2018 till payment is made after adjusting lump sum amount of Rs.10,00,000/- already paid;
(ii) Make the rules absolute;
(iii) Call for records.
(iv) Pass any further order/orders as this Hon'ble High Court considered fit and proper."
(2.)Gratuity is not a bounty or a largess to be distributed by the State/employer at their own whims and fancies. It is a hardearned right conferred by way of and under the provisions of the Payment of Gratuity Act, 1972 (hereinafter referred to as the "Act"). The said Act was enacted with the object of providing for a scheme for payment of gratuity to the employees engaged under different establishments.
(3.)Under Section 2(s) of the Act, "wages" means all emoluments which are earned by an employee while on duty or on leave in accordance with the terms and conditions of his/her employments and which are paid or are payable to him/her in cash and includes dearness allowance but does not include any bonus, commission, house rent allowance, overtime wages and any other allowance.
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