Allahabad High Court: Husband's Liability under the Domestic Violence Act Continues Despite Divorce  ||  Bombay HC: Municipal Council Must Pay for Land Used as DP Road Despite Fund Shortage  ||  Uttarakhand HC: Previous Service Pay Protection Does Not Confer Right to Career Progression Benefits  ||  Supreme Court Revives POCSO Case Against Headmistress, Says Verifying Abuse Claims is No Excuse  ||  SC: Voluminous Documents are No Excuse For Their Delayed Production under Commercial Courts Act  ||  Supreme Court Orders Merged Bank's Eviction For Transferring Tenancy Without Landlord's Consent  ||  SC: Oraon Tribe Custom Doesn't Allow Uncle-In-Law to Adopt Niece's Husband as Ghar Damad  ||  Kerala HC Approves New Public Prosecutor Appointment Guidelines After a Minor Revision  ||  Rajasthan HC Clarifies Criminal Writ Petitions Have No Separate Constitutional Status  ||  Delhi HC Clarifies if Whatsapp Acknowledgment Can Make an Arbitral Award Binding    

Motel Sunny vs. Naresh Shankarao Mhaiskar And Ors. - (High Court of Bombay) (15 Jun 2023)

To invoke the jurisdiction of Controlling Authority under the PG Act, 10 employees having being employed by establishment in preceding calendar year has to be established

MANU/MH/2152/2023

Service

Present petition questions the judgment passed by the Controlling Authority under Section 7 of the Payment of Gratuity Act, 1972 ["The PG Act"] whereby the claim made by the Respondents for gratuity has been granted. The Petitioner submits that there is a jurisdictional lacunae as there is no material on record to indicate that, the Petitioner at any point of time had ever employed more than 10 persons, which is the basic requirement for attracting the provisions of the PG Act.

For the PG Act to be applicable, in view of the language of Section 1(3) of the PG Act, it is necessary for there to be 10 employees employed by the establishment in the preceding calender year. To invoke the jurisdiction of the Controlling Authority under the PG Act, a jurisdictional fact of 10 employees having been employed by the establishment at any point of time has to be established on record.

It is apparent that the basic jurisdictional fact that there were minimum 10 numbers of employees employed by the petitioner establishment at any point of time has neither been pleaded nor established, which would indicate that the jurisdiction of the Controlling Authority could not have been invoked.

It is therefore apparent that in absence ofthe pleadings and establishment of the necessary jurisdictional facts, it was not permissible for the Controlling Authority to have exercised the jurisdiction, in view of which the impugned judgments cannot be sustained. They are accordingly quashed and set aside and the complaint filed by the Respondent is dismissed.Petition allowed.

Tags : GRATUITY   GRANT   JURISDICTION  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved