RAMESH VISHNU DALVI Vs. GENERAL MANAGER

JUDGEMENT

(1.) These three petitions are arising out of the similar facts and are raising identical issues and hence, at the request of both the sides, all three matters are taken up for joint hearing and disposal. Special Civil Application No.14563 of 2014 and Special Civil Application No.14605 of 2014 are filed by the employees (for short "petitioner employees") and Special Civil Application No.10997 of 2017 is filed by the bank (for short "employer bank") against the private respondent employee who has been served and though served none has filed appearance however, by a communication addressed to the Registry, response has been forwarded which is placed on record by the Registry. The issue pertains to payment of gratuity and applicability of the settlement.

(2.) Two petitions are filed by the petitioner employees against the order passed by the appellate authority under the Payment of Gratuity Act which under its order dtd. 24/2/2014 was pleased to set aside the order dtd. 17/9/2012 passed by the Controlling Authority and Assistant Labour Commissioner, Central Government of India. The controlling authority had passed an order holding that the petitioner employees were entitled to get the gratuity after the wage revision and therefore, directed to pay the difference of amount of gratuity which was already paid prior to the wage revision and entitled to after the wage revision. The appellate authority by the impugned order set aside the order of the controlling authority by holding that the petitioner employees were not entitled to payment of gratuity on the basis of revised pay/wages as the same was already dismissed by the High Court in its oral judgment dtd. 12/4/2004 and 31/1/2006 respectively. Third petition filed by the employer bank which by its order dtd. 29/3/2017 has upheld the order of the controlling authority dtd. 28/9/2016 partly modifying the order. The facts however, are recorded as prayed for from Special Civil Application No.14563 of 2014.

(3.) The main contention of the petitioners is that the issue is given a quietus by the Apex Court in its decision in the Civil Appeal No.1975 of 2010 in the case of Central Bank of India v/s. M. Sethumadhan and others and that the entitlement of the petitioner employees for receiving the gratuity of revised wages was considered and the Hon'ble Supreme Court has directed the bank to pay an amount of Rs.2.00Lakhs in full and final settlement of all the claims including the expenses which have incurred for litigation for more than two decades.