KMML RTIRED OFFICERS ASSOCIATION Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is an Association of retired employees of the Respondent No.3. According to the petitioner, there is discrimination in the matter of payment of gratuity on the retirement of its members on the ground that the benefit of increase of ceiling limit of gratuity amount in Sec. 4(3) of the Payment of Gratuity Act, 1972 from Rs.3.5 Lakhs to Rs.10.00 lakhs as per the Amendment dtd. 24/5/2010 was not extended to them, though the same was extended to the employees of several state owned companies, PSUs and Central Government employees giving retrospective effect of the Amendment dtd. 24/5/2010 from 1/1/2006 and 1/1/2007. They were paid gratuity on the basis of unamended Sec. 4(3) which fixed the ceiling limit at Rs.3.5 lakhs.

(2.) The petitioner Association submitted Exts.P4 and P6 Representations before the Respondent No.1 in the matter. Since no action was taken by the Respondent No.1, the petitioner approached this Court and as per Ext.P8 judgment, this Court directed the Respondent No.1 to consider Exts.P4 and P6 Representations and in compliance with the directions in Ext.P8 judgment, the Respondent No.1 passed Ext.P9 order, but rejecting the claim of the petitioner Association. According to the petitioner, it has filed Ext.P10 Review Petition seeking to review Ext.P9, the same is pending consideration before the Respondent No.1 and the Respondent No.1 has been refusing to dispose of Ext.P10 Review Petition. The petitioner filed this writ petition seeking to quash Ext.P9 order, to direct the Respondents to sanction Twenty Months' salary as gratuity to the employees of the Respondent No.3 retrospectively as in the case of PSUs like Exts.P1 and P2, seeking direction to consider Ext.P10 Review Petition and for other reliefs.

(3.) Heard the learned counsel for the petitioner, learned Government Pleader appearing for the Respondents Nos. 1 and 2 and the learned Counsel appearing for respondents Nos.3 and 4.