Delhi Cloth & General Mills Co. Ltd. v. Workmen
AIR 1970 SC 919 · Supreme Court of India
Gratuity is a retiral benefit earned by long service; it is not a mere bounty at the employer's pleasure.
Unit IV · Labour Law – II
Payment of Gratuity Act, 1972
Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.
Statute sections
| Act / instrument | Section | Name |
|---|---|---|
| Payment of Gratuity Act, 1972 | 1(3) | Application of the Act |
| Payment of Gratuity Act, 1972 | 2(e) | Employee |
| Payment of Gratuity Act, 1972 | 4 | Payment of gratuity and forfeiture |
| Payment of Gratuity Act, 1972 | 7 | Determination and recovery of gratuity |
Landmark cases
State of Punjab v. Labour Court, Jullundur
AIR 1980 SC 201 · Supreme Court of India
The Payment of Gratuity Act is a complete code for establishments it covers; the controlling authority has exclusive jurisdiction.
Jeewanlal (1929) Ltd. v. Appellate Authority
AIR 1984 SC 1842 · Supreme Court of India
Continuous service for gratuity is computed as the Act provides; breaks cannot be used to defeat a workman who has in substance served five years.
Previous-year questions
Mapped 6 / 10 / 15-mark questions on this topic. Frequency is how many papers repeat the question.
- 10 An employee who has served in an establishment for a period of less than 5 years claimed the payment of gratuity. The employer refused to pay. Decide. · 3×
- 6 Payment of Gratuity. · 2×
- 15 Discuss and explain the objectives of Payment of Wages Act, 1936. What are the authorized deductions? · 2×
- 15 Explain the salient features of the Payment of Bonus Act, 1965. · 2×
- 6 Gratuity. · 1×
- 10 Define "concept of Gratuity" and discuss the sailent features of the Payment of Gratuity Act. · 1×
- 10 An employee who was retrenched from service was subsequently re -engaged for wages for broken periods whenever such work was available. No monthly salary was paid to him. The question was whether an employee with in the meaning of the Payment of Gratuity Act 1972 and whether he could claim his service to be continuous for claiming benefits under the Act. Decide. · 1×
- 10 Explain the salient features of the Payment of Bonus Act, 1965 and discuss the liability of the employer for injuries sustained by the workmen during the course of employment. · 1×
- 10 A worker's services have been terminated by the employer on the ground of fraud committed by the worker. He demanded payment of Bonus. The employer refused to pay. · 1×
- 15 What are the various benefits to which an employee is entitled under the Payment of Gratuity Act, 1972, and under what conditions? · 1×
- 15 Define "Bonus" and discuss the authorized deductions which can be made from wages under the Payment of Wages Act, 1936. · 1×
- 15 What is Bonus? How is the Bonus calculated and paid under the Payment of Bonus Act, 1965? · 1×
- 15 Define wages and write the salient provisions of the Payment of Wages Act, 1936. · 1×
- 15 Define "Wages" and discuss the authorized deductions from wages under the Payment of Wages Act, 1936. · 1×