MANAGEMENT OF SPENCER AND COMPANY LIMITED, MADRAS Vs. APPELLATE AUTHORITY UNDER PAYMENT OF GRATUITY ACT, REGIONAL COMMISSIONER OF LABOUR CENTRAL, MADRAS; CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT, MADRAS (ASSISTANT COMMISSIONER OF LABOUR), MADRAS; S JAYARAMAN

JUDGEMENT

(1.) This writ appeal is directed against the judgment of the learned single Judge whereby the learned single Judge dismissed the writ petition filed by the petitioner against the orders of the appellate authority under the Payment of Gratuity Act whereby the said appellate authority had confirmed the orders of the controlling authority wherein the workman was granted the gratuity, calculating the maximum gratuity period of twenty months at the rate of 30 days per month, i.e. for 600 days.

(2.) It is an admitted case that the last drawn monthly salary of the 3rd respondent-employee was Rs.1,345/-. On that basis, the total gratuity granted by the Controlling Authority was Rs.31,038.46. However, according to the employer, the total gratuity payable was only Rs.26,900/-, which was paid to the employee. The employee, feeling dissatisfied by this payment, approached the Controlling Authority, who awarded the enhanced gratuity at Rs.31,038.46.

(3.) Aggrieved by the orders passed by the Controlling Authority, employer preferred an appeal before the appellate authority under the Act. The appellate authority, however, rejected the appeal. The employer challenged the order passed by the appellate authority by filing writ petition before this Court which was dismissed by the learned single Judge, necessitating the present writ appeal by the employer.