P S GUPTA Vs. U O I

JUDGEMENT

(1.) The Petitioner was employed by the State Farm Corporation of India Ltd. Admittedly, the requirements of Section 1(3) of the Payment of Gratuity Act, 1972 (for short, "the Act") are satisfied. Section 3 of the said Act enjoins the appropriate government to appoint any officer to be a controlling authority, who shall be responsible for the administration of that Act. Section 4 of the Act directs payment of gratuity to any employee provided the requirements of that Section are satisfied.

(2.) In this case also, it is the case of the Petitioner that the requirements of this Act are satisfied. The only thing being that according to the Petitioner, by virtue of a memorandam and orders, his entitlement to gratuity is much more than what has been released to him by the Respondent on his retirement. He pegs his total entitlement at Rs. 10 lakhs. According to him, since he has already received Rs. 3.5 lakhs, he is, therefore, entitled to further amount of Rs. 6.5 lakhs.

(3.) Section 7(4)(a), (b),(c) and (d) provide as follows: