CHIEF GENERAL MANAGER Vs. SHIV SHANKAR TRIPATHI

JUDGEMENT

(1.) In these batch of petitions, the interesting conundrum is: whether the erstwhile employees of the Department of Telecom (DoT) on their absorption in Bharat Sanchar Nigam Ltd. (BSNL) are entitled for computation of gratuity as per the formula prescribed under the Payment of Gratuity Act, 1972 (hereinafter referred to as "the Gratuity Act" ) or as per Rule 37-A of the Central Civil Services (Pension) Rules, 1972 (hereinafter referred to as "the Pension Rules" ) ?

(2.) The admitted facts between the parties are that the erstwhile employees of DoT were permanently absorbed in BSNL w.e.f. 01.10.2000. One such absorption order dated 15.02.2002 in respect of Shriu (sic : Shri) S.S. Tripathi is placed on record as Annexure-P/1 in W.P. No.3430/2013. The employer/BSNL paid them gratuity as per the pre-revised pay scale whereas the pay scale stood revised admittedly w.e.f. 01.01.2007. Thus, the employees filed claim applications before the Controlling Authority established under the Act and prayed for grant of gratuity as per the revised pay scale and as per computation under the Payment of Gratuity Act, 1972.

(3.) Except in three matters, the Controlling and Appellate Authorities opined that in view of Section 14 which gives overriding effect to the Gratuity Act, the employees are entitled to get gratuity as per the computation under the Gratuity Act.