Supreme Court of India
Ch. Cum Man. Director Mahanadi Coalfield Ltd. v. Rabindranath Choubey
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From the headnote
Payment of Gratuity Act, 1972 - s.4(6)(a) and (b) - Employer's right to withhold gratuity pending departmental enquiry - Held: three Judge Bench judgment of Supreme Court passed in *Ram Lal Bhaskar's case is contrary to the dicta laid down in ** Jaswant Singh's case passed by a Division Bench of Supreme Court which laid down that employer does not have right to withhold gratuity pending departmental enquiry - Hence matter refe"ed to larger Bench. The question for consideration, in the present appeal was whether gratuity can be withheld in the wake of r. 34 of Conduct, Disciple and Appeal
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