S P GANESAN Vs. MANAGEMENT OF ASHOK LEYLAND

JUDGEMENT

(1.) The prayer in the Writ Petitions are for issuance of a writ of certiorari to quash the order passed by the second respondent in P.G.Appeal Nos.53 & 29 of 2002 dated 31.1.2003. The matter arises under the Payment of Gratuity Act, 1972.

(2.) The case of the petitioner is that he joined the services of the first respondent company on 23.6.1965 as Trade Trainee and his services were regularised on 1.11.1996 and he attained the age of supperannuation on 30.4.1998 in the post of highly skilled road Tester and his last drawn wage was Rs.8,899/- per month. The first respondent Company calculated the total number of years of service as 31 years and it is the case of the petitioner that the total length of service rendered by him is 32 years and 10 months which is to be rounded off to 33 years and therefore his wages were not properly calculated. If the total length of service is taken as 33 years and taking into consideration his last drawn wage as 8,899/-, the petitioner would get higher amount of gratuity in terms of the following calculation:

(3.) The petitioner is stated to have made representation for payment of the shortfall in gratuity and since no favourable orders were passed, he submitted a Claim Petition before the Payment of Gratuity Authority. The authority by its order dated 26.12.2001 partly allowed the petitioner's Application and directed that the total length of service should be taken as 32 years. Against such order, the petitioner filed an appeal before the second respondent. The first respondent Management also filed an appeal to the second respondent against the order of the original authority. Both the appeals were heard and the second respondent dismissed the appeal by an order dated 31.1.2003. Aggrieved by such order, the petitioner is before this Court by way of the present Writ Petition.