SHILLONG MUNICIPAL EMPLOYEES ASSOCIATION Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) During the course of rival submissions, it emerged that disputes as arouse between the Shillong Municipal Board and its employees were referred for adjudication to Industrial Tribunal, which culminated in an award published in the Government Gazette on 23.08.1971. As per the award, gratuity at the rate of one month's pay on the basis of last pay drawn is payable for each completed year of service with immediate effect. Subsequently, in exercise of powers conferred by sub-section (3) of Section 50 of the Meghalaya Municipal Act (Assam Act 1956 as adopted by Meghalaya), Shillong Municipal Board with the approval of the Government of Meghalaya for administration of municipal department framed the rules which came into force w.e.f. 22.12.1980. As per Rule 4 of 1980 Rules, gratuity is provided to be one fourth of the emoluments of an official/officer for each completed six monthly period of qualifying service subject to a maximum of 16 1/2 times his emoluments. For facility, position of gratuity as per the award as fixed at serial number No.2 is as under:-

(2.) Rule 4 of 1980 Rules is also advantageous to quote hereunder:-

(3.) It appears that there has been some anomaly as a result whereof, vide letter No.UAU.91/2014/77 dated 04.08.2016 issued by the Government of Meghalaya, Urban Affairs Department, it has been made clear as under:-