P SELVARAJ Vs. MANAGEMENT OF SHARDLOW INDIA LIMITED

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.) AT the time of superannuation, viz. , in July 1998, the appellant's basic wage was Rs. 131. 04 and the Dearness Allowance was Rs. 3951/ -. The petitioner had worked for a period of nine days during July 1998 but, however, in computing the last drawn wages, the first respondent employer took into account the wage drawn by the appellant for the month of June 1998 and not July 1998. Under the terms of the settlement under the Industrial Disputes Act, 1947 [for short, 'i. D. Act'] between the Union to which the appellant belongs and the first respondent, DA for the workman was to be arrived in terms of the settlement dated 20. 02. 1995 and it was signed under Section 12