Aplab Ltd vs Nitendra Upadhyay

ik-16237491 Bombay High Court 7 March 2026 • WRIT PETITION NO. 2875 OF 2025; WRIT PETITION NO. 2888 OF 2025; WRIT PETITION NO. 2879 OF 2025; WRIT PETITION NO. 2878 OF 2025; WRIT PETITION NO. 2889 OF 2025; WRIT PETITION NO. 2881 OF 2025; WRIT PETITION NO. 2887 OF 2025; WRIT PETITION NO. 2884 OF 2025; WRIT PETITION NO. 2885 OF 2025; WRIT PETITION NO. 4113 OF 2025; WRIT PETITION NO. 4947 OF 2025; WRIT PETITION NO. 4114 OF 2025; WRIT PETITION NO. 4925 OF 2025; WRIT PETITION NO. 4944 OF 2025; WRIT PETITION NO. 5062 OF 2025; WRIT PETITION NO. 4116 OF 2025; WRIT PETITION NO. 4941 OF 2025; WRIT PETITION NO. 4926 OF 2025; WRIT PETITION NO. 5072 OF 2025; WRIT PETITION NO. 5052 OF 2025 • 25 min read

Judges (1)

Parties (4)

Case Significance

Aplab Ltd vs Nitendra Upadhyay is a Bombay High Court decision dated March 7, 2026 (citation: ik-16237491). Twenty connected writ petitions were filed by retired employees of Aplab Ltd. seeking gratuity computation at the rate of 26 days (instead of 15 days) and inclusion of special allowance as dearness allowance for gratuity calculation under Section 2(s) of the Payment of Gratuity Act. The court affirmed the Controlling Authority's and Appellate Authority's orders but remitted the matter for fresh consideration on whether photocopied documents establish entitlement to 26-day gratuity and whether The case was heard by Justice Amit Borkar.

Summary

Twenty connected writ petitions were filed by retired employees of Aplab Ltd. seeking gratuity computation at the rate of 26 days (instead of 15 days) and inclusion of special allowance as dearness allowance for gratuity calculation under Section 2(s) of the Payment of Gratuity Act. The court affirmed the Controlling Authority's and Appellate Authority's orders but remitted the matter for fresh consideration on whether photocopied documents establish entitlement to 26-day gratuity and whether special allowance is in substance dearness allowance.

What was the outcome of Aplab Ltd vs Nitendra Upadhyay?

Twenty connected writ petitions were filed by retired employees of Aplab Ltd. seeking gratuity computation at the rate of 26 days (instead of 15 days) and inclusion of special allowance as dearness al...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-16237491)