M.A. REHAMAN Vs. DEPUTY LABOUR COMMISSIONER AND APPELLATE AUTHORITY REGION - II, THE ASSISTANT LABOUR COMMISSIONER AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT DIVISION - III AND THE DIVISIONAL CONTROLLER KSRTC, KOLAR DIVISION@RES

JUDGEMENT

(1.) THE lis brought before the Court lies in a narrow compass. Petitioner, a retired employee of the third respondent -Road Transport Corporation aggrieved by the orders dated 2.12.2010 Annexure -A of the Controlling Authority and 16.7.2012 Annexure -B of the Appellate Authority insofar as it relates to dismissal of the petitioner's appeal under the Payment of Gratuity Act, 1972 (for short 'the Act'), has presented this petition.

(2.) THERE is no dispute that on the termination of services of the petitioner -workman during the year 1995, a sum of Rs. 40,733/ - was paid towards gratuity. Petitioner when reinstated into service during June 2000, was required to refund the amount received as gratuity together with interest at 14% per annum in view of the Circular issued by the respondent -Corporation in the matter of payment of interest on the amount of gratuity when repaid, on reinstatement.

(3.) LEARNED Counsel for the petitioner though submits that the rate of interest at 14% p.a. is on the higher side, the submission is unacceptable since the circular under which the said interest rate is prescribed is not called in question.