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Mshrid   29 April 2024

Regarding gratuity

My father has worked for 25 years and than he was terminated in supreme court he was awarded 60% of backwages .Now i want to know since court has awarded 60% of the backwages it means court is not fully justifying his termination order .Since court had found his termination to be partially illegal can i claim for gratuity and whome should i write for it?



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 12 Replies

P. Venu (Advocate)     29 April 2024

Any  definite suggestion requires that the Judgement be perused and issues discussed, What is the Case No?

T. Kalaiselvan, Advocate (Advocate)     29 April 2024

The supreme court judgment has to be perused to render any opinion in this regard.

your incomplete contents cannot enable us to given any opinion to your query.

Mshrid   29 April 2024

The supreme court's order i quote " To render a quietus we direct that the appellants shall pay 60% of the back wages to the respondent in full  and final settlement of all claims towards backwages"

The said amount shall be calculated and paid within a period of six weeks failing which shall amount at 9% per annum from the expiry of six weeks till the date payment 

T. Kalaiselvan, Advocate (Advocate)     29 April 2024

It means supreme court has neither confirmed about his employment status nor whispered about payment of gratuity amount. 

Now it depends on the department's decision or interpretation to make gratuity payment. 

You may have to approach court once again afresh seeking relief of gratuity payment as per your understanding of his employment status connecting the supreme court judgment and properly interpreted to convince court to provide you the relief prayed for. 

Mshrid   30 April 2024

Department never wanted to give a single penny to us infact they took 5 lakhs from his CPF as penalty and backwages was awarded by supreme court so they couldnt say no but as the case has been going for such a long time and a fresh enquiry cannot be intiated to give closure to the case and as their were no witness/proof in this case  court order 60% backwages .But since court has themselves given us 60% backwages doesnt that mean his termination is partially  considered as wrong/ illegal so i just want to know is their any hope for gratutiy for his 25 years of service .

P. Venu (Advocate)     30 April 2024

Your subjective opinions are of little use in making meaningful suggestions. Please inform us of the case number so that the judgement could be accessed on the Supreme Court website.

T. Kalaiselvan, Advocate (Advocate)     01 May 2024

In a different thread you have repeated the same question in a different form seeking clarification for the same subject in a different wording.

There are suggestions rendered in that thread suitably hence you may visit that thread for knowing more opinions. 

Mshrid   02 May 2024

With all due respect Its not a subjective opinion its a supreme court's order which i have quoted as it is . Word to word .

P. Venu (Advocate)     02 May 2024

What prevents you from informing us of the Case No?

Mshrid   02 May 2024

My apologies sir but you should hv got the hint that i m not interested in  sharing case no  in any ways and i think you shouldnt ask people on public forum as well unless they are trying to get one to one consultation .Case number means case acess You know very well how many personal details are present in any case details pdf .I think i shouldnt share such sensitive details on public forum where people from all over the internet hv acess to such things .I am genuinely looking for help to get justice to my late father who i believe was a victim of departmental politics So If you can help me by giving best of your legal knowlege than please do .I cannot give any other information case no here Sorry 

P. Venu (Advocate)     02 May 2024

By your arrogance or ignorance or may be both, you are inflicting injustice upon your late father. Please note that every court judgment is a public document. My legal knowledge, however limited it may be, is  of no avail in the absence of basic information as to material facts.

Mshrid   07 May 2024

i hope this gives a lot of clarification on my questions which were taken otherwise


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