P SELVARAJ Vs. SHARDLOW INDIA LIMITED HOSUR GARDEN

JUDGEMENT

(1.) THIS writ appeal is directed against the order of the learned single Judge dated 10.10.2006 passed in W.P.No.79 of 2001 confirming the orders of the second respondent appellate authority and the third respondent Controlling Authority in not granting the difference of amount payable to the petitioner towards the gratuity in terms of the Payment of Gratuity Act, 1972 [for short, 'Gratuity Act'].

(2.) THE appellant joined the services of the first respondent on 15.11.1996 and after putting in 32 years of service, he reached the age of superannuation on 09.7.1998. On account of his superannuation, in terms of the Gratuity Act, the first respondent employer paid him a sum of Rs.70,802/ - towards gratuity.

(3.) THE said settlement came into force with effect from 01.02.1995 and was to apply to all permanent workmen, who are under the rolls of the company on the date of settlement and who were already paid DA at the rate of 38.5 per point over and above 100 points of Madras Cost of Living Index (1936 base). Though it is admitted that the said settlement applies to the case of the appellant, the first respondent did not calculate the gratuity by working out the DA as on 09.7.1998 on the basis of 39 paise per point over and above 100 points of Madras Cost of Living Index with base of the year 1936. It was the stand of the first respondent that the Cost of Living Index figures were not available for the month of July 1998 and the petitioner admittedly worked only for a period of nine days and it took some time for the revision of DA to be made in terms of the settlement and in view of the fact that the gratuity will have to be settled on account of superannuation, the figures for the month of June 1998 was taken into account and since the gratuity as per the Act has been paid, there was no dispute between the appellant and the first respondent.