Dear Kamal Kant ji (Advocate),
Thanks for your contribution.
One question comes to my mind. Is the decision of any High Court binding on other high courts' jurisdiction?
I am not an advocate. Therefore I am asking you this question.
From India, Mumbai
2556Thanks for your contribution.
One question comes to my mind. Is the decision of any High Court binding on other high courts' jurisdiction?
I am not an advocate. Therefore I am asking you this question.
From India, Mumbai
Dear Korgaonkar,
If there is any issue which has not been decided by the High Court of that state, other State's High Court's Decision has persuasive value. In the same State the judgment the decision is binding in principle. So in short if there is no contrary judgement on a given point from your High Court then the other High Court Judgment will prevail as a Law of the Land. Supreme Court Judgment will prevail over all high court judgments on the same point of law. Hope you got your answer.
From India, New Delhi
If there is any issue which has not been decided by the High Court of that state, other State's High Court's Decision has persuasive value. In the same State the judgment the decision is binding in principle. So in short if there is no contrary judgement on a given point from your High Court then the other High Court Judgment will prevail as a Law of the Land. Supreme Court Judgment will prevail over all high court judgments on the same point of law. Hope you got your answer.
From India, New Delhi
Time and again it is clarified that though some High Courts have given judgement allowing gratuity less than 5 years, the general position is not changed. Hence, 5 years completion stands. Our debate up and down do not brake the ice. Concerned authority should issue order on court decision and till that time, I am sure no way to get gratuity for less than 5 years.
From India, Nellore
From India, Nellore
Dear Kamal Kant ji (Advocate),
Thanks for your spontaneous response to my query.
I have now another query. I would like to ask you with due respect to you sir, to clear the ambiguity in this subject.
I am from Mumbai. If I deny gratuity to an employee who has put service of 4 years and 240 days in fifth year, will it be a contempt of court or a breach of law?
This question arose in my mind on your above response saying "if there is no contrary judgement on a given point from your High Court then the other High Court Judgment will prevail as a Law of the Land". In Mumbai HC, to my knowledge, there is no contrary judgement.
From India, Mumbai
Thanks for your spontaneous response to my query.
I have now another query. I would like to ask you with due respect to you sir, to clear the ambiguity in this subject.
I am from Mumbai. If I deny gratuity to an employee who has put service of 4 years and 240 days in fifth year, will it be a contempt of court or a breach of law?
This question arose in my mind on your above response saying "if there is no contrary judgement on a given point from your High Court then the other High Court Judgment will prevail as a Law of the Land". In Mumbai HC, to my knowledge, there is no contrary judgement.
From India, Mumbai
Korgoankar,
Whatever lit bit I know about law,is that Tamil Nad HC judgements are applicable or a precedent only for lower courts of TN.
Other courts in different states can quote it but it does not have force of law.
Ratio decidendi applied by one HC may not be seen in same way by other HC.
From India, Pune
Whatever lit bit I know about law,is that Tamil Nad HC judgements are applicable or a precedent only for lower courts of TN.
Other courts in different states can quote it but it does not have force of law.
Ratio decidendi applied by one HC may not be seen in same way by other HC.
From India, Pune
Sri Kamal Kant ji
There is a confusion going through the applicability of Minimum wages while calculating EPF Contribution. Some of the enforcement officers of EPF Office insisting that contribution has to be remitted on the salary of Rs.15000/- (though the basic + DA is less than 15K). Enforcement wing has issued orders worth of crores of rupees to the member companies for compliance of their orders.
The EO (Enforcement officer) suggest the following model of workings while calculating EPF.
If an employee getting > 15K, applicable salary is (15K - 40% of 15K which is HRA) all other allowances has to be
taken for EPF Salary.
If he get < 15K salary ( salary - 40% of 15K which is HRA) to be calculated as EPF Salary.
Now, the question of what constitutes Basic + DA has been flouted by EO. Is it right on the part
of EPF Office to collect such a huge sum as omission of wages ?
Kindly inform us whether such orders has to be obeyed, is there any legal remedy over this ?
From India, New Delhi
There is a confusion going through the applicability of Minimum wages while calculating EPF Contribution. Some of the enforcement officers of EPF Office insisting that contribution has to be remitted on the salary of Rs.15000/- (though the basic + DA is less than 15K). Enforcement wing has issued orders worth of crores of rupees to the member companies for compliance of their orders.
The EO (Enforcement officer) suggest the following model of workings while calculating EPF.
If an employee getting > 15K, applicable salary is (15K - 40% of 15K which is HRA) all other allowances has to be
taken for EPF Salary.
If he get < 15K salary ( salary - 40% of 15K which is HRA) to be calculated as EPF Salary.
Now, the question of what constitutes Basic + DA has been flouted by EO. Is it right on the part
of EPF Office to collect such a huge sum as omission of wages ?
Kindly inform us whether such orders has to be obeyed, is there any legal remedy over this ?
From India, New Delhi
Dear Nathrao,
It seems, you have not read my various posts including in this particular thread, minutely.
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From India, Mumbai
It seems, you have not read my various posts including in this particular thread, minutely.
.................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. ................................
From India, Mumbai
Dear All,
Thanks all for your inputs.
Please be kind to note that, I have received the Gratuity after service of 4 Years & 11 Months.
I think the eligibility is 4 years + 240 days in fifth year.
Thanks again
Pratik
From India, Mumbai
Thanks all for your inputs.
Please be kind to note that, I have received the Gratuity after service of 4 Years & 11 Months.
I think the eligibility is 4 years + 240 days in fifth year.
Thanks again
Pratik
From India, Mumbai
Dear Pratik ji,
Congratulations for getting Gratuity from your employer on your service less than completed 5 years.
I suppose, you are not from Chennai or Kerala State.
Your employer has paid you Gratuity even for your services less than 5 years, it does not mean that you are entitled to get it legally. I do not wish to write any thing more on this subject. We are here on this forum to discuss the provisions of Law and not practice of Law. Any employer is free to give you any thing more than Law.
From India, Mumbai
Congratulations for getting Gratuity from your employer on your service less than completed 5 years.
I suppose, you are not from Chennai or Kerala State.
Your employer has paid you Gratuity even for your services less than 5 years, it does not mean that you are entitled to get it legally. I do not wish to write any thing more on this subject. We are here on this forum to discuss the provisions of Law and not practice of Law. Any employer is free to give you any thing more than Law.
From India, Mumbai
It is unfortunate that this question is pending for so long without a clear-cut answer acceptable to all. When the Act was passed originally, I believe the 'spirit' of the Act was to provide the benefit to employees who have completed 5 years of service (that is 5 years between joining date and exit date). I believe that if the lawmakers wanted to provide gratuity after 4 years and 240 days, they could very well have said so. The point is, in the courts the law can be interpreted or misinterpreted according to one's convenience and convincing (or confusing) arguments. While the Courts will defend the letter of the law, who will defend the 'spirit' of the law? Parliament?? I think an Amendment to the Act has to come from Parliament stating the exact minimum period. Time for another signature campaign.
From India, Kolkata
From India, Kolkata
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FORM-F-NOMINATI ON OF GRATUITY.pdf
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