TRANSPORT MANAGER, KOLHAPUR MUNICIPAL TRANSPORT UNDERTAKING, KOLHAPUR Vs. APPELLATE AUTHORITY UNDER PAYMENT OF GRATUITY ACT, 1972, PUNE

JUDGEMENT

(1.) Rule, returnable forthwith. Mr. Topkar waives service for Respondent No. 1. Respondent Nos. 2 and 3 need not be served being formal parties. By consent, rule called out and heard.

(2.) This Petition has been filed against the order dated 30th March 2002 passed by the Controlling authority, Kolhapur in Application (PGA) No. 19 of 2000 allowing the application filed by Respondent No. 1 and the order dated 9th October 2003 of the Appellate authority, Pune in Appeal (PGA) No. 2 of 2003 dismissing the Appeal preferred by the Petitioner.

(3.) The facts, in brief, are as follows on 19th October 1966 Respondent No. 1 (hereinafter referred to as "the workman") was employed with the Petitioner Undertaking and he was superannuated on 1st December 1999. As his gratuity was not paid, respondent No. 1 filed an application before the controlling Authority on 14th August 2000 claiming gratuity of Rs. 2,71,656/- for 33 years of service. The claim was made on the basis of the monthly wages which were payable to the workman. According to him, he was entitled to basic wages of Rs. 2,900/- plus rs. 6612/- as dearness allowance calculated at the rate of 228% of the basic wage plus an amount of Rs. 690/- towards interim rise in wages. The total wage payable was Rs. 10,192/ -. The recognised Union proposed that the dearness allowance paid to the workers should be frozen at 182% of basic wage in order that the Petitioner undertaking be able to tide over the financial difficulties faced by it. It appears that no agreement was altered into under the provision of the Industrial disputes Act, 1947 for a ceiling on the dearness allowance. However, the Union and the workmen stood by the proposal and accepted payment of dearness allowance at 102% of the basic. wage.