MANAGEMENT OF ERODE DISTRICT Vs. C. KUTTIAPPAN

JUDGEMENT

(1.) THE appeal in W.A.No.1220 of 2010 is preferred against the order allowing the Writ Petition in W.P.No.2069 of 2005 filed by the employees and the appeal in W.A.No.1221 of 2010 is against the order dismissing the Writ Petition in W.P.No.2364 of 2009 filed by the Management by a common order of passed by the learned single Judge dated 25.11.2009.

(2.) WITH regard to calculation and payment of gratuity, the Government of Tamil Nadu through Co -operation, Food and Consumer Department, accepting the recommendations of the streamlining Committee, issued G.O.Ms.No.161, dated 05.09.1996, by which, as per Chapter -6 Part -E -1, directed as follows :

(3.) THE Government issued a letter on 20.11.2001 cancelling the second para in Part E -1, Chapter -6, which speaks about the number of days to be considered for calculation of pay and length of service. However, no Government Order was issued cancelling the above Clause. Since no fresh agreement was entered into by the appellant without following the procedures as per 19(1) and (2) of the Act, the agreement continued to be binding on the Management and the employees, unless it is altered in the manner known to law.