The petitioner has assailed the impugned order determining the gratuity to which the petitioner is entitled. The operative portion of the impugned order is extracted below:
"In view of the above, the applicant is entitled to receive gratuity amount to the tune of Rs. 1324956.00 (Thirteen lakh twenty four thousands nine hundren fifty six only) out of which applicant has already received gratuity amount of Rs. 1000000.00 (Ten lakh). Hence the applicant is entitled to received differential amount of gratuity of Rs. 324956.00 (Three lakh twenty four thousands nine hundred fifty six only) from Respondent Bank of Maharashtra along with simple interest @7% P.A from 01/09/2016 to the date of this order but the amount of interest should not be anyway more than balance gratuity amount to be paid."
Sri Amrish Sahai, learned counsel for the petitioner contends that the respondent authority had misdirected itself in law by awarding an amount in excess of the ceiling amount fixed for the gratuity by notification issued by the Central Government. According to the petitioner the ceiling as notified by the Central Government on the gratuity amount which is payable to the employee is Rs. 10,00,000/. This fact was overlooked by the authority while passing the impugned order.
I find that the gratuity amount to the extent of Rs. 10,00,000/- is not disputed by the petitioner and has already been disbursed to the respondent claimant. The only issue which remains alive for consideration is the further payment of Rs. 3,24, 956 which is in excess of Rs. 10,00,000/. It is a matter of fact which may be determined by the authorities below:
The order dated 14.02.2020 to the extent that it fixes the amount of gratuity payable to the respondent claimant at Rs. 10,00,000 is affirmed.
Matter is remitted to the respondent No.1 to decide the objection of the petitioner that the ceiling on the gratuity amount as notified by the Central Government and is applicable to the facts of this case is Rs. 10,00,000/- and the direction to pay any amount and excess of amount already paid is in the teeth of such notification.
The matter shall be decided by the respondent No. 1 within a period of four months from the receipt of from the receipt of copy of this order downloaded from the official website of the High Court of Judicature at Allahabad . The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
The respondent No.1 shall give opportunity of hearing to the respondent workman before passing any order.
For a period of five months recovery of the amount to the extent of Rs. 3,24,956/ shall remain stayed and the same shall be abide by the final decision passed by the authority.
In case the matter is not decided within the stipulated four month from today, it shall be open to the petitioner to file a fresh writ petition.
The writ petition is disposed of.
Order Date :- 29.7.2021 Nadeem Ahmad