2020-TIOLCORP-15-SC-MISC

BCH Electric Ltd Vs Pradeep Mehra

Whether for Section 4(5) to apply for computing gratuity, there must be two alternatives, one in terms of Act and one as per deed, scheme or agreement available to the employee - YES: SC

Whether if the employee falls in category of employees who are covered by provisions of Act for calculation of amount of gratuity, hence scheme does not offer any alternative to increase the amount of gratuity payable - YES : SC

Whether mistake on part of the company in making some extra payments to some of employees in past does not create a right in favour of others in face of different stipulations in Trust Deed and Scheme - YES : SC

- Order passed in favour of appellant company: SUPREME COURT OF INDIA