MANAGEMENT, METROPOLITAN TRANSPORT CORPORATION (CHENNAI) LTD , PALLAVAN HOUSE, ANNA SALAI, CHENNAI Vs. T PERUMAL

JUDGEMENT

(1.) The first respondent herein was employed as Driver in the appellant Management. The first respondent herein and some other workmen who were all employed as Drivers and Conductors by the appellant Management, have completed more than 30 years of service and attained the age of superannuation and retired from service. They filed petitions before the Controlling Authority under the Payment of Gratuity Act to compute the gratuity payable based upon the increase in the Dearness Allowance, which was ordered to be paid by the Government. Their claim for revised gratuity is based on the increased Dearness Allowance announced by the Government and ordered to be paid was with retrospective effect to be made applicable to the Workmen, as they were in service during the relevant point of time.

(2.) The Workmen have claimed the difference in gratuity based on the revised Dearness Allowance and filed claim petitions before the Controlling Authority as their representations were not considered by the Management.

(3.) The defence raised by the Management is that though the Dearness Allowance was increased by the Government, the Workmen cannot claim that their gratuity should be calculated based upon the increase in Dearness Allowance, since the announcement of such increase was made by the Government after the workmen retired.