Held that post-retirees after 24.05.2010 are entitled to enhanced gratuity of Rs 10 lakh instead of Rs 3.5 lakh. Writ allowed; Bank directed to pay difference with 6% interest within six months.
Respondent Bank to pay enhanced gratuity amount plus interest at 6% p.a. within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 5120/2018
----Petitioners
Versus
----Respondents
| For Petitioner(s) | : Mr. |
Sandeep Saxena |
|---|---|---|
| For Respondent(s) | : Mr. |
Ram Kumar Sharma |
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
06/12/2021
The controversy involved in the writ petition is within very narrow compass. All the petitioners, working on various posts with the Respondent-Tonk District Cooperative Bhoomi Vikas Bank Limited (for brevity “the Bank”) are post retiree 24.05.2010, i.e., when, vide amendment in the Payment of Gratuity Act, 1972 (for brevity “the Act of 1972”), vide Amendment Act, 2010, the ceiling
(2 of 2)
[CW-5120/2018]
of ₹3,50,000/- under Section 4 of the Act of 1972 was enhanced to ₹10,00,000/-.
Learned counsel for the petitioners submits that the petitioners have been paid gratuity to the tune of ₹3,50,000/- only whereas, having retired after 24.05.2010, they were entitled for the enhanced amount of gratuity in terms of the amendment. He submits that the other similarly situated employees of the Bank have already been extended benefit of enhanced amount of gratuity and have been paid difference in the gratuity amount. He, therefore, prays for that the writ petition be allowed and the respondents may be directed to pay them enhanced amount of gratuity with interest @ 6% per annum.
Learned counsel for the respondents could not dispute the aforesaid factual as well as legal position. However, he submits that the Bank may be granted a reasonable time to make the payment.
In view thereof, nothing survives for consideration of this Court. The writ petition is allowed in the following terms:-
(MAHENDAR KUMAR GOYAL),J
Manish/250
2 issues framed by the court
Whether respondents are liable to pay enhanced gratuity to petitioners under Amendment Act, 2010
Whether interest is payable at 6% per annum from date of filing
1 provisions across 1 enactments
Geeta Ram Gupta And Others
Tonk District Cooperative Bhoomi Vikas Bank Limited
Mahendar Kumar Goyal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
