TARUN KUMAR SINHA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Ms. S. Debgupta, learned counsel appearing for the petitioner as well as Mr. D. Sharma, learned Addl. G.A. appearing for the respondents No.1 and 2 and Ms. P. Dhar, learned counsel appearing for the respondent No.3.

(2.) By means of this writ petition, the petitioner has urged this court to direct the respondents to pay his gratuity, payable within the upper limit at Rs.20,00,000/-, instead of Rs.4,00,000/- on which he has been paid his gratuity by the respondent No.2. By means of the amendment, carried out in Sub-Section-3 of Section-4 of the Payment of Gratuity Act, 1972, the earlier provision of relating to maximum limit for payment of gratuity has been rephrased in the following manner :

(3.) Ms. S. Debgupta, learned counsel appearing for the petitioner has submitted that when there is a conflict between the provision made by the Central Government acting on the statutory provision, that shall be binding on the State Government. In support of that contention, she has relied on a decision of this court in Lal Zakim Rokhum v. Tripura Road Transport Corporation and Other [judgment and order dated 20.02.2020 delivered in WP(C)No.1209 of 2019]. This court in the said decision having relied on Sri Bhupati Debnath v. State of Tripura and Others [judgment and order dated 13.02.2020 delivered in WP(C)No.1054 of 2019] and Smt. Mamata Singha Roy v. State of Tripura and Another [judgment and order dated 13.02.2020 delivered in WP(C)No.1057 of 2019] has observed that the gratuity shall be payable in terms of the enhanced rate.