In an application regarding gratuity payment, the Court noted that the petitioner had previously accepted the sanctioned amount and thereby deemed the matter between parties fully settled.
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OJC No. 4836 of 1997
16 15.05.2019
None appears for the petitioner at the time of call.
Learned counsel for opposite party is present.
Perused the record. The petitioner has filed this application seeking for a direction to opposite parties to pay gratuity on the basis of the wages calculated his basic pay and dearness allowance as per the definition given in Section 2(5) of payment of Gratuity Act and further seeks for a direction to opposite party to pay further sum of Rs.30,625/- as expeditiously as possible.
Pursuant to notice, opposite party has entered appearance and filed his counter affidavit. In paragraph-15, it is stated as follows:
“ 15. That in obedience of this Hon’ble Court’s order as at Annexure-D the gratuity and leave salary dues of the petitioner were duly released and the petitioner also accepted the same without any demur or protest whatsoever. It is significant to note that while claiming gratuity in the earlier writ application as referred to above, the petitioner had himself indicated a method for calculation of gratuity by taking into account both the basic salary as also the Dearness Allowance. However, in course of hearing of the said writ application, the petitioner accepted the amount as calculated and sanctioned by the Corporation in its order dtd.21.11.1996 (Annexure-2). Thus, in view of the admission of the petitioner, the order passed by this Hon’ble Court as also the compliance made by the Corporation, the matter is deemed to have been set at rest for ever.
In view of the above, since the relief sought by the petitioner has been granted by the authority, the writ petition stands disposed of accordingly.
.….……………………
Dr. B.R. Sarangi, J
Ajaya
1 issue framed by the court
Whether the grievance regarding gratuity payment requires further direction considering previous admission and compliance.
Petitioner
Corporation
Dr. B.R. Sarangi
As recorded by the court registry
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