D T C Vs. RICHPAL SINGH

JUDGEMENT

(1.) As the facts of both the writ petitions are similar, the petitions are taken up for hearing and final disposal at the admission stage itself by this common order. For the sake of convenience the facts of W.P. (C) 7396/2005 are taken note of.

(2.) This writ petition has been filed by the petitioner assailing the order dated July 9, 2004 passed by the Controlling Authority under the Payment of Gratuity Act, 1972, directing the petitioner to pay a sum of Rs. 2575.80 to the respondent No. 1 as additional gratuity with simple interest @ 10% per annum from October 30, 1991 to the actual date of payment, within 30 days of receipt of the aforesaid order. Notice was issued to the respondent in the writ petition. Appearance was entered on behalf of respondent No. 1 on August 30, 2005 and time taken to file a reply. Thereafter, none has appeared for respondent No. 1, nor has any reply been filed.

(3.) The brief facts relevant for disposing of this writ petition are that the respondent No. 1 was appointed as a Traffic Inspector with the petitioner/management on November 18, 1960. He was superannuated on September 30, 1991 after rendering service of 30 years and 10 months. At the relevant time, the petitioner paid the respondent No. 1 gratuity to the tune of Rs. 43,209/- on the basis of the last drawn salary of the respondent, which was Rs. 2,560/-.