https://www.taxtmi.com/caselaws?id=110306 Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 does not bar recovery proceedings for gratuity under the Payment of Gratuity Act, 1972. Gratuity was treated as a statutory retirement benefit and deferred wage protected by the overriding effect of section 14 of the Gratuity Act. The analysis emphasises that gratuity forms part of social security and post-retirement sustenance, and cannot be subordinated to the rehabilitation process of a sick industrial company. The non obstante stay under section 22 was therefore considered inapplicable to defeat enforcement of gratuity, leaving the award recoverable through the certificate or recovery process with interest. en-us Wed, 22 Dec 2004 00:00:00 +0530 Mon, 16 Apr 2012 12:15:49 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=110306 Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 does not bar recovery proceedings for gratuity under the Payment of Gratuity Act, 1972. Gratuity was treated as a statutory retirement benefit and deferred wage protected by the overriding effect of section 14 of the Gratuity Act. The analysis emphasises that gratuity forms part of social security and post-retirement sustenance, and cannot be subordinated to the rehabilitation process of a sick industrial company. The non obstante stay under section 22 was therefore considered inapplicable to defeat enforcement of gratuity, leaving the award recoverable through the certificate or recovery process with interest. Case-Laws Companies Law Wed, 22 Dec 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=110306