TAPAS GUHA Vs. TRIPURA TEA DEVELOPMENT CORPORATION LTD.

JUDGEMENT

(1.) These petitions involve similar legal issues, though individual facts are slightly different. They have been heard together and would be disposed of by this common order. All petitioners were the former employees of Tripura Tea Development Corporation Ltd., respondent No.1 herein (hereinafter to be referred to as 'TTDC Ltd.'). They claim benefit of revised ceiling of Rs.20,00,000/- for payment of gratuity upon the retirement. For convenience, further facts may be noted from W.P. (C) No.537 of 2020. Petitioner therein joined the service of the said Corporation on 01.02.1985. He retired on superannuation with effect from 31.12.2018 after completing 33 years of service. At the time of retirement, his basic pay was Rs.70,500/-. As per the computation of gratuity based on such basic pay, the amount claimed to Rs.13,42,211/-. The respondent No.1-Corporation paid only Rs.10,00,000/- on the ground that the ceiling of gratuity payable at the relevant time was Rs.10,00,000/-. Case of the petitioner is that the Government of India vide its Notification dated 29.03.2018 had revised the ceiling for payment of gratuity Rs.20,00,000/-. This was done in exercise of powers under the Payment of Gratuity Act. Since the petitioner retired after the said Notification was issued, this revised ceiling should have been applied in his case. The petitioner made representations to the employer for releasing full gratuity. Since no relief was granted, he filed this petition.

(2.) Facts in other petitions are similar. The dates of retirement of petitioners and a computation of gratuity payable vary. However, in the other petitions also, the petitioners retired on superannuation after 29.03.2018 when the Government of India issued the said Notification and in their case is also the Corporation has applied the original ceiling of Rs.10,00,000/- for payment of gratuity, though the calculation of the gratuity in their cases also exceeded Rs.10,00,000/-.

(3.) The stand taken by the Corporation in the affidavit-in-reply is that the Corporation in its General Meeting dated 27.09.2018 had resolved to apply the revised ceiling of Rs.20,00,000/- for payment of gratuity, however, to implement the said decision, Government sanction was necessary. No such permission was granted by the Government. The petitioners therefore could not be paid the full gratuity. They have been paid gratuity of Rs.10,00,000/- by providing the existing ceiling.