https://www.taxtmi.com/caselaws?id=275032 Statutory gratuity under the Payment of Gratuity Act, 1972 cannot be defeated by an employee's option for a pension scheme, because gratuity and pension are distinct retiral benefits and the Act prevails over inconsistent private arrangements unless valid exemption is obtained. Retired bank employees who opted for pension therefore remained entitled to gratuity under the Act. The Controlling Authority also lacked jurisdiction to deny gratuity on the ground that the pension scheme was more beneficial, since exemption decisions rest with the appropriate Government and not with that authority. The statutory entitlement to gratuity was accordingly maintained. en-us Tue, 15 Dec 2009 00:00:00 +0530 Sat, 15 Sep 2018 10:33:01 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=275032 Statutory gratuity under the Payment of Gratuity Act, 1972 cannot be defeated by an employee's option for a pension scheme, because gratuity and pension are distinct retiral benefits and the Act prevails over inconsistent private arrangements unless valid exemption is obtained. Retired bank employees who opted for pension therefore remained entitled to gratuity under the Act. The Controlling Authority also lacked jurisdiction to deny gratuity on the ground that the pension scheme was more beneficial, since exemption decisions rest with the appropriate Government and not with that authority. The statutory entitlement to gratuity was accordingly maintained. Case-Laws Indian Laws Tue, 15 Dec 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=275032