B.B. AGGARWAL Vs. HPTDC

JUDGEMENT

(1.) BY means of this writ petition the Petitioner has prayed for the grant of the following relief:

(2.) BRIEFLY stated the facts of the case are that the Petitioner was serving the Respondent -corporation and retired from service on 30.9.1997 (a.n.). The applicant was paid only Rs. 1 lakh as gratuity, taking this to be the maximum amount of gratuity payable under the rules of the Corporation. The claim of the Petitioner is that since the applicant was being paid gross salary of Rs. 11,507/ -per month he was entitled to gratuity amounting to Rs. 1,52,689/ - if calculated in terms of Section 4(2) read with explanation appended to this provision and Sub -section (3) of Section 4 of the Payment of Gratuity Act, 1972 (here -in -after referred to as the Act).

(3.) THIS matter is squarely covered by a Division Bench judgment of this Court delivered in CWP No. 1332 of 2002 titled as H.P.T.D.C. v. P.C. Saklani and Anr. In the said case the Division Bench held as follows: