A.R.Seramanperuman (Deceased) v. The Appellate Authority-cum-
Payment of Gratuity Act, 1972 – Jurisdiction of Controlling Authority
Case brief
What is this about?
Keywords: Payment of Gratuity Act 1972; Controlling Authority jurisdiction; better terms of gratuity; Section 12(3) settlement, Industrial Disputes Act; Sections 7(4) and 4(5) PG Act; writ of certiorarified mandamus under Article 226; co-operative bank retirees; Full Bench Madurai Bench reference answered 30.10.2024 (W.P.(MD) Nos.4844 of 2017 batch - followed); Dharmapuri District Co-Operative Bank; Kancheepuram Central Co-Operative Bank; six-week implementation direction; appellate orders under PG Act quashed; no costs.
What did the court decide?
Both writ petitions allowed on the above terms with no costs. The appellate common orders dated 04.04.2014 (AGA Case Nos.1/2013 to 61/2013) and 19.07.2022 (PGA Nos.39/2021 to 58/2021 and 70/2021, 71/2021 and 101/2021) are set aside; the Dharmapuri District Co-Operative Bank (second respondent, W.P.31042/2014) is directed to implement the orders dated 29.08.2012 in PG Case Nos.80 to 87/2008, 13/2009, 14/2009, 35/2009, 36/2009, 40/2009, 10/2010, 20 to 22/2010, 29 to 32/2010, 34 to 47/2010, 49 to 54/2010, 57 to 70/2010 and 6/2011; the Kancheepuram Central Co-Operative Bank (third respondent, W.P.34486/2024) is directed to pay better terms of gratuity arising out of the 12(3) settlement dated 19.03.1997; compliance within six weeks from receipt of a copy of the order.