VidhiSangh

Supreme Court of India · 21/01/2020

DHANSAI SAHU versus STATE OF CHHATTISGARH & ORS.

[2020] 1 S.C.R. 120 · 2020 INSC 74

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Summary

The Supreme Court referred to a three-judge Bench the question whether pre-regularisation daily-wage service could support a gratuity claim under the Payment of Gratuity Act after retirement as a State government employee governed by pension and gratuity rules. It identified a conflict between Netram Sahu and the earlier unreported Teja Singh decision, and noted that relevant statutory exclusions and service rules had not been brought to the Court’s notice in Netram Sahu. The individual entitlement was not finally decided.

Issues

  1. Whether daily-wage service before regularisation may be reckoned to invoke the Payment of Gratuity Act after superannuation from a government post governed by separate gratuity rules.

Held

Result

Issue referred for consideration by a larger Bench of three judges; Registry directed to place the matter before the Chief Justice for constitution of that Bench. Gratuity entitlement not finally adjudicated.

Judgment PDF: Supreme Court of India, [2020] 1 S.C.R. 120.