MANAGING DIRECTOR CHENNAI METROPOLITAN WATER SUPPLY AND SEWERAGE BOARD Vs. JOINT COMMISSIONER OF LABOUR

JUDGEMENT

(1.) In both the writ petitions, the petitioner is the Managing Director of Chennai Metropolitan Water Supply and Sewerage Board (for short Metro Water).

(2.) Aggrieved by the order of the first respondent Appellate Authority under Payment of Gratuity Act (for short Gratuity Act) in P.G.A.I.A.Nos.4 and 5 of 2000 in P.G.A.Nos.15 and 16 of 2000 dated 25.07.2000, the present writ petitions have been filed. The contesting third respondents have filed applications before the second respondent-Controlling Authority under the Gratuity Act in P.G.Nos.274 and 275 of 1999. The second respondent computed the gratuity in terms of the Act by an order dated 06.01.2000. As against the said order, the petitioner preferred an appeal. Since there was a condition precedent, the petitioner deposited the amounts. The appeals filed by the petitioner were taken on file as P.G.A.Nos.15 and 16 of 2000 and notice was ordered to the contesting respondents.

(3.) The Appellate Authority - the first respondent dismissed the petitioner's appeals. The contention raised before the first respondent Appellate Authority was that the Act will not apply to the petitioner Board and that the contesting respondents were covered by the Tamil Nadu Pension Rules which includes a component of Death-cum-Retirement Gratuity (for short DCRG). Since they are already eligible to get gratuity under the Pension Rules, the payment of gratuity as a third benefit is available to them. The authority rejected both the contentions and held that the Act will apply to the petitioner Board as it is an establishment under Section 1(3)(b) of the Gratuity Act. With reference to the gratuity payable under DCRG has no relevance when a claim is made under the Gratuity Act. Aggrieved by the said order, the present writ petitions have been filed.