INDIAN OVERSEAS BANK Vs. REGIONAL LABOUR COMMISSIONER C AND APPELLATE AUTHORITY PAYMENT OF GRATUITY ACT MINISTRY OF LABOUR

JUDGEMENT

(1.) THE appeal is directed against the order of the learned Judge dated 20. 11. 2007, passed in W. P. No. 17591 of 2005, by which the learned Judge has dismissed the writ petition.

(2.) THE facts leading to the filing of the writ petition are that the third respondent joined in the appellant bank on 30. 12. 1957 and he retired as an Officer on 31. 5. 1994. According to the appellant bank, he was paid gratuity of Rs. 1 lakh as per section 4 (3) of the Payment of Gratuity Act, 1972 (in short, "the Act"), which was the maximum payable at the time of retirement of the third respondent, since the amount payable as gratuity as per the bank Scheme was less beneficial.

(3.) IT was the case of the appellant bank that only for the payment of revision of salary, the date '1. 7. 1993' was made as cut-off date as per the Settlement and for gratuity, the cut-off date was fixed as 1. 11. 1994 and inasmuch as the third respondent retired much before the said date viz. , on 31. 5. 1994, he is not entitled for the revision of gratuity based on the revised salary. It was the contention of the appellant that the said different cut-off date for gratuity was challenged and it was ultimately decided on 30. 8. 2002 in W. P. No. 7365 of 1999 to the effect that the cut off date for gratuity, namely 1. 11. 1994, is valid.