COMMISSIONER COIMBATORE CITY MUNICIPAL CORPORATION Vs. APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT

JUDGEMENT

(1.) The Petitioners in all these Writ Petitions are the Coimbatore City Municipal Corporation represented by its Commissioner. Aggrieved by the order passed by the authorities, namely, the 1st and the 2nd Respondent, under the Payment of Gratuity Act, the Writ Petitions came to be filed. Pending the Writ Petitions, notice of motion was ordered and pending the notice of motion, stay was granted.

(2.) The short question that arises for consideration in these Writ Petitions is whether the order passed by the authorities below is legally valid. The contesting 3rd Respondent in W.P. No. 34968/2006 after serving a Statutory Notice, and subsequently after the retirement had availed the benefit of Death-cum-Retirement Gratuity (DCRG) and thereafter stated their claim under the Payment of Gratuity Act, 1972.

(3.) The 2nd Respondent Appellate Authority rejected the objection made by the Petitioner Corporation on the ground that so long as there is no exemption under the Payment of Gratuity Act, and that too in terms of Section 5 of the Act, they cannot deny gratuity only on the basis that the Petitioners were getting pension and DCRG which is a separate terminal benefit.