https://www.taxtmi.com/caselaws?id=184077 Section 4(5) of the Payment of Gratuity Act, 1972 preserves better gratuity terms under a contract, award or agreement, but only as part of the contractual package as a whole. The doctrine of severance or blue pencil cannot be used to extract the higher contractual rate while simultaneously claiming the statutory ceiling. A workman must elect either the contractual gratuity scheme or the statutory scheme; selective combination of the two is not permitted. en-us Thu, 29 Jun 2006 00:00:00 +0530 Fri, 21 Feb 2025 17:46:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=184077 Section 4(5) of the Payment of Gratuity Act, 1972 preserves better gratuity terms under a contract, award or agreement, but only as part of the contractual package as a whole. The doctrine of severance or blue pencil cannot be used to extract the higher contractual rate while simultaneously claiming the statutory ceiling. A workman must elect either the contractual gratuity scheme or the statutory scheme; selective combination of the two is not permitted. Case-Laws Indian Laws Thu, 29 Jun 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=184077