KIRIT BHATTACHARJEE Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Ms. A. Debbarma, learned counsel appearing for the petitioner. Also heard Mr. R. Saha, learned counsel appearing for the State-respondents and Mr. B.S.Bhowmik, learned counsel appearing for the respondents-Tripura Handloom and Handicrafts Development Corporation Ltd.

(2.) By way of filing the present writ petition, the petitioner has prayed for the following reliefs:-

(3.) Briefly stated, the petitioner was an employee under the Tripura Handloom and Handicrafts Development Corporation (for short, THHDC) Ltd, the respondent nos.3 and 4 respectively. Petitioner joined in the service on 1/8/1983 as a Supervisor (Handloom). After attaining the age of superannuation, the petitioner retired from service w.e.f. 31/12/2021. It is the contention of the petitioner that after the retirement as per ceiling limit of Rs.20,00,000.00, the petitioner is entitled to Rs.21,87,923.00 as full and final payment of gratuity, but, the respondents-THHDC Ltd. have caused payment of Rs.10,00,000.00 towards the petitioner as gratuity. The petitioner has prayed for payment of balance amount which he is entitled to, along with 9% interest, till the date of actual payment. It is further contended that the Govt. of India by Notification, dated, 29/3/2018 notified that the amount of gratuity payable to an employee under the Act shall not exceed Rs.20,00,000.00. Accordingly, the petitioner has urged that he is also entitled to gratuity at the enhanced rate i.e. Rs.20,00,000.00 as per Payment of Gratuity (Amendment Act), 2018.