https://www.taxtmi.com/caselaws?id=262174 A consent settlement recorded in company proceedings can create an enforceable gratuity obligation even where objection is raised that the recipient is not an employee under the Payment of Gratuity Act, 1971. The statutory gratuity framework does not prevent parties from agreeing to better contractual or settlement-based terms, and the company's trust deed could not defeat the entitlement created by the consent terms. Where liability had already been admitted in an order under the Companies Act, 1956, the Company Law Board could enforce that order and determine the gratuity quantum on undisputed salary material without sending the parties to the gratuity authorities. en-us Fri, 10 Jul 2015 00:00:00 +0530 Tue, 04 Aug 2015 08:09:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=262174 A consent settlement recorded in company proceedings can create an enforceable gratuity obligation even where objection is raised that the recipient is not an employee under the Payment of Gratuity Act, 1971. The statutory gratuity framework does not prevent parties from agreeing to better contractual or settlement-based terms, and the company's trust deed could not defeat the entitlement created by the consent terms. Where liability had already been admitted in an order under the Companies Act, 1956, the Company Law Board could enforce that order and determine the gratuity quantum on undisputed salary material without sending the parties to the gratuity authorities. Case-Laws Companies Law Fri, 10 Jul 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=262174