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Supreme Court labour-law citator

Allahabad Bank v All India Allahabad Bank Retired Employees Association

(2010) 2 SCC 44 · 15 December 2009

gratuityoverriding effectretirement
Decision in 2 minutes

The Court emphasised the welfare character and overriding operation of the Gratuity Act and the statutory authority’s role in determining entitlement under the Act.

Governing lawStatutory gratuity and overriding effect
Provision focusPayment of Gratuity Act, 1972
Judgment date15 December 2009
Source statusOfficial Supreme Court judgment linked

Question before the Court

How does statutory gratuity interact with an employer’s pension or gratuity arrangement and the controlling authority’s jurisdiction?

Holding and ratio control

The Court emphasised the welfare character and overriding operation of the Gratuity Act and the statutory authority’s role in determining entitlement under the Act.

Pinpoint locator

Official judgment: paragraphs 16–31 and final order.

Open the official Supreme Court judgment ↗

Employer implementation

  • Identify the exact legal period, worker category and governing instrument.
  • Preserve contemporaneous records rather than reconstructing the file after a dispute.
  • Record the reasoned application of the judgment to the actual facts.
  • Check whether a statutory amendment or later decision changes the rule.

Employee and representative lens

  • Preserve appointment, wage, attendance, communication and proceeding records.
  • Identify the correct forum, relief and limitation trigger.
  • Distinguish the binding ratio from fact-specific observations.
  • Obtain the signed order and complete appellate history.

Practical consequence

Do not offset or deny statutory gratuity solely by reference to a separate scheme without testing section 4, better-benefit provisions and section 14.

Later-treatment status

Use with current gratuity law, any exempted arrangement and the employee’s exact service period.

Finin2min Q&A

Can this decision be applied without reading the full judgment?

No. Confirm the material facts, governing provision, ratio, relief, bench strength and later treatment in the official signed judgment.

Does a Supreme Court principle automatically decide every employment dispute?

No. The rule is binding within its legal scope, but classification, jurisdiction, commencement and evidence remain matter-specific.

Legal caution: This record is a structured research aid, not a substitute for pleadings, evidence review or professional advice.