https://www.taxtmi.com/caselaws?id=168358 Accepted resignation was treated as retirement within the gratuity rules because the employee had completed the qualifying continuous service and his service ended otherwise than by discharge for misconduct, making him eligible for gratuity. Certified standing orders carrying a gratuity promise were held to have statutory force and to form part of the contract of employment, so a civil suit for recovery of gratuity was maintainable where the claimant was not restricted to industrial adjudication. A clause giving the employer absolute discretion to pay earned gratuity was held inconsistent with gratuity as a retiral benefit, arbitrary, and unenforceable. The employee's gratuity claim therefore succeeded. en-us Tue, 27 Mar 1984 00:00:00 +0530 Mon, 23 Feb 2015 16:51:03 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=168358 Accepted resignation was treated as retirement within the gratuity rules because the employee had completed the qualifying continuous service and his service ended otherwise than by discharge for misconduct, making him eligible for gratuity. Certified standing orders carrying a gratuity promise were held to have statutory force and to form part of the contract of employment, so a civil suit for recovery of gratuity was maintainable where the claimant was not restricted to industrial adjudication. A clause giving the employer absolute discretion to pay earned gratuity was held inconsistent with gratuity as a retiral benefit, arbitrary, and unenforceable. The employee's gratuity claim therefore succeeded. Case-Laws Indian Laws Tue, 27 Mar 1984 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=168358