KATHEEJA BAI versus THE SUPERINTENDING ENGINEER & ORS.

KATHEEJA BAI versus THE SUPERINTENDING ENGINEER & ORS.

Special Contribution under Regulation 37 of the Tamil Nadu Electricity Board Contributory Provident Fund Regulations is not the same as gratuity under Payment of Gratuity Act, 1972; Payment of Gratuity Act does not bar payment of Special Contribution. Both must be paid if due.

Parties
Petitioner: Katheeja Bai; Respondents: The Superintending Engineer & Ors.
Jurisdiction
India
Judgment Date
10 May 1984
Procedural Posture
Writ Petition / Final Judgment
Outcome
Petition allowed
Legal Topics
Provident Fund, Gratuity, Employee Benefits, Payment of Gratuity Act, Tamil Nadu Electricity Board Provident Fund Regulations
Labour and Employment Law Public Interest Litigation Provident Fund Gratuity Employee Benefits Payment of Gratuity Act Tamil Nadu Electricity Board Provident Fund Regulations

Case Brief

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Parties

Katheeja Bai

Petitioner

The Superintending Engineer & Ors.

Respondents

Procedural Posture

Writ Petition / Final Judgment

Legal Issues

  1. 1 Whether Special Contribution under Regulation 37 of the Tamil Nadu Electricity Board Contributory Provident Fund Regulations is the same as gratuity under the Payment of Gratuity Act, 1972
  2. 2 Whether payment of gratuity under the Payment of Gratuity Act, 1972 bars payment of Special Contribution under Regulation 37
  3. 3 Whether Regulation 37 is inconsistent with the Payment of Gratuity Act, 1972 and should be excluded

Ratio Decidendi

Special Contribution under Regulation 37 of the Tamil Nadu Electricity Board Contributory Provident Fund Regulations is not the same as gratuity under Payment of Gratuity Act, 1972; Payment of Gratuity Act does not bar payment of Special Contribution. Both must be paid if due.

Court Disposition

Petition allowed

Orders

  • Respondent Board to pay petitioner the full Special Contribution under Regulation 37, payable to her late husband.
  • Respondent Board to pay the balance of gratuity under Payment of Gratuity Act (Rs. 3167).