NIKHIL CH. DEBNATH Vs. TRIPURA HANDLOOM AND HANDICRAFTS DEVELOPMENT LTD.

JUDGEMENT

(1.) Petitioner is a retired employee of Tripura Handloom and Handicrafts Development Ltd. (T.H.H.D.C.). He retired on superannuation w.e.f. 30th April, 2020 after completing 38 years of service. He has received gratuity amount of Rs.10,00,000/- upon his retirement. As per his length of service and last pay drawn, the gratuity computation came to Rs.14,55,692/-. The employer has applied old limit of Rs.10,00,000/- for payment of gratuity. Case of the petitioner is that such limit was revised by the Government of India by a notification dated 29th March, 2018 after which revised ceiling of Rs.20,00,000/- would be applicable. Since the petitioner retired after the said date the employer ought to have paid him the full gratuity of Rs.14,55,692/- without applying the ceiling of Rs.10,00,000/-.

(2.) Learned counsel for the petitioner drew my attention to a judgment dated 13th February, 2020 passed in case of Bhupati Debnath v. State of Tripura and Ors. in WP(C) No.1054/2019 in which also similar issue had arisen. Here also, the petitioner was an employee of T.H.H.D.C. This Court had held and observed as under:

(3.) Sub-section (1) of Section 4 provides that the gratuity shall be payable to an employee on termination of his employment after he has rendered continuous service for not less than five years, on his superannuation or retirement or resignation or death or disablement due to accident or disease. Sub-section (2) of Section 4 provides that for every completed year of service or part thereof in excess of six months the employer shall pay gratuity to an employee at the rate of 15 (fifteen) days wages based on the rate of wages last drawn by the concerned employee. Sub-section (3) of Section 4 which is of importance reads as under: