Supreme Court of India
Chairman-cum-managing Director Fertilizer Corporation of India Ltd. and Anr. v. Rajesh Chandra Srivastava and Ors.
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What the Court ordered
In view of the above, the appeals are allowed and the orders of the High Court, the Controlling Authority and the Appellate Authority under the Act, holding that the ad hoc payment made pursuant to the interim orders by this Court will form part of the wages , are set aside.
Judgment, page 11
From the headnote
Payment of Gratuity Act, 1972 – s.2(s) – Whether ad hoc payment made by Management to the workers pursuant to interim orders passed by Supreme Court in a previous round of l itigation could form part of “wages” within the meaning of the exp ression u/ s.2(s) of the Payment of Gratuity Act, for the purpose o f calculating gratuity, especially in the light of the order passed by Supreme Court in the case of Shri Kashi Prasad Tripathi – Held: The order passed in the case of Shri Kashi Prasad Tripathi does not deal with this question – s.2(s) of the Act defines wages – Irrespective of w hether
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