Employment Relations & Managerialist Undercurrents - The Case of Payment of Gratuity Act, 1972
Published: 2011
Author(s) Name: Jerome Joseph & Srinath Jagannathan
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Abstract
The Payment of Gratuity Act, 1972
is an important legislation governing
retirement benefits received
by workers, and acquires
particular significance in the absence
of pension and lack of access
to adequate social security
for a large number of workers.
We discuss here case laws pertaining
to the Act in the last decade
in the light of increasing the
upper limit of gratuity payable to
Rs. 10 lakhs. Case law pertaining
to this important social security
benefit suggests three broad
areas of concern: inclusion-exclusion
dynamics related to access
to gratuity rights, the linkage
of the denial or grant of payment
of gratuity to reward for
compliance and punishment for
dissent, assertions of managerial
prerogatives over the rights of
workers in the pursuit of
unilateralist dominance over employment
relations.
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