M/S Aplab Ltd vs Pratik Rajaram Gupte

ik-184893477 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 (3)

Case Significance

M/S Aplab Ltd vs Pratik Rajaram Gupte is a Bombay High Court decision dated March 7, 2026 (citation: ik-184893477). Twenty retired employees of Aplab Ltd. filed writ petitions challenging gratuity computation, arguing that gratuity should be calculated at 26 days per month (for those paid monthly) rather than 15 days, and that special allowance constitutes dearness allowance under Section 2(s) of the Payment of Gratuity Act. The Court affirmed the Controlling Authority and Appellate Authority's orders but remitted the matter for fresh consideration on the 26-day computation issue and whether special allowa The case was heard by Justice Amit Borkar.

Summary

Twenty retired employees of Aplab Ltd. filed writ petitions challenging gratuity computation, arguing that gratuity should be calculated at 26 days per month (for those paid monthly) rather than 15 days, and that special allowance constitutes dearness allowance under Section 2(s) of the Payment of Gratuity Act. The Court affirmed the Controlling Authority and Appellate Authority's orders but remitted the matter for fresh consideration on the 26-day computation issue and whether special allowance is effectively dearness allowance. Amounts already deposited were to be adjusted against any enhanced gratuity found payable on remand.

What was the outcome of M/S Aplab Ltd vs Pratik Rajaram Gupte?

Twenty retired employees of Aplab Ltd. filed writ petitions challenging gratuity computation, arguing that gratuity should be calculated at 26 days per month (for those paid monthly) rather than 15 da...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-184893477)