NDLI: Nagar Ayukt Nagar Nigam, Kanpur Vs. Sri Mujib Ullah Khan and Another

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1972 Payment of Gratuity Act ss.1(3)(c) and 14 applicability of act to local bodies
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Payment of Gratuity Act, 1972 (39 of 1972) General Clauses Act, 1897 (10 of 1897)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Payment of Gratuity Act, 1972 – ss.1(3)(c) and 14 – Retirement and Benefits and General Provident Fund Regulations, 1962 – r.4(1) – Uttar Pradesh Municipal Corporation Act, 1959 – s.548 – Employees of Municipal Corporation claimed gratuity by invoking the jurisdiction of the controlling authorities under the Act, 1972 – Controlling authorities allowed the petition for gratuity in favour of the employees – Appellant contended that gratuity is payable in terms of r.4(1) of the 1967 Regulations published under the Act, 1959 – Therefore, the employees of the Municipalities were entitled to gratuity only in terms of such Regulations and not under the Act, 1972 – High Court held that employees of Municipalities were entitled to the gratuity in terms of the provisions of the Act, 1972 – On appeal, held: Central Government had published a notification dated 8.1.1982 in terms of s.1(3)(c) of the Act, 1972 which made it clear that the Act is applicable to the local bodies i.e. the Municipalities – s.14 of the Act, 1972 has given an overriding effect over any other inconsistent provision in any other enactment – In view of s.14, the provision in the State Act contemplating payment of Gratuity will be inapplicable in respect of the employees of the local bodies – Thus, there is no error in the orders passed by the controlling authorities under the Act and as maintained by the High Court – General Clauses Act, 1987 – s.3(31)
Judge	Hon'ble Mr. Justice Hemant Gupta
Neutral Citation	2019 INSC 449
Petitioner	Nagar Ayukt Nagar Nigam, Kanpur
Respondent	Sri Mujib Ullah Khan And Another
SCR	[2019] 6 S.C.R. 1028
Judgement Date	2019-04-02
Case Number	2628

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