SENIOR REGIONAL MANAGER Vs. JOINT COMMISSIONER OF LABOUR; ASSISTANT COMMISSIONER OF LABOUR; K SWAMINATHAN

JUDGEMENT

(1.) Since common issues are involved in these writ petitions, they were heard together and they are disposed of by means of a Common Order.

(2.) The petitioner-Tamil Nadu Civil Supplies Corporation is the former employer of the third respondent in each writ petition. The third respondent in each writ petition (hereinafter referred to as "employees") has retired from service. While passing the gratuity amount, the Tamil Nadu Civil Supplies Corporation, paid gratuity at the rate of 7 days wages for each season. This is, according to the petitioner / Tamil Nadu Civil Supplies Corporation, in accordance with the second proviso to Sub-Section (2) of Section 4 of the Payment of Gratuity Act, 1972. According to the employees, they are entitled for gratuity at the rate of 15 days wages based on the rate of wages last drawn by the employee concerned. It is the further contention of the employees that the second proviso to Sub Section (2) of Section 4 of the Payment of Gratuity Act, 1972, is not applicable to them, and that Section 4(2) of the Payment of Gratuity Act, 1972, alone is applicable to them.

(3.) The employees filed Gratuity Cases in P.G.Nos.58 of 2010, 53 of 2010, 118 of 2011, 34 of 2010 and 57 of 2010, respectively, before the Competent Authority, under the Payment of Gratuity Act, 1972. The Competent Authority held that employees are entitled for gratuity amount at the rate of 15%, as provided under Sub-Section (2) of Section 4 of the Payment of Gratuity Act, 1972. The Competent Authority accepted the contention of the employees that the second proviso to Sub-Section (2) of Section 4 is not applicable to them. The petitioner / Tamil Nadu Civil Supplies Corporation is aggrieved by the same.