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K.Prakasan

High Court Of Kerala|18 November, 2014
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JUDGMENT / ORDER

The issue relates to the enhancement of maximum limit of gratuity as per the Payment of Gratuity Act, 1972 from Rs.3,50,000/- to Rs.10,00,000/-. The petitioner is said to be entitled to Rs.4,20,000/-, going by the provision for payment of gratuity computed on the basis of a half month salary for every completed year of service. However, the petitioner has paid Rs.3,50,000/-, since, earlier limit prescribed as for that. The petitioner claims payment of the balance amounts since, there is a revision now in the maximum limit as per the Act 1972. In fact there was an earlier decision of this Court in W.P.(C) No. 18117 of 2014, with respect to four other employees wherein, the management was directed to take a decision within a period of two months from 20.08.2014. W.P.(C) No.30206 of 2014 - A 2
2. In any event, the learned Standing Counsel appearing for the respondent would submit that in fact pursuant to Ext.P3, the management of the respondent had referred the matter to the Government. The Government had instructed the Corporation itself to take a decision on the same. The learned Counsel also submits that it would definitely placed before the next meeting of the Board of Directors' convened and a decision taken positively within a period of two months.
3. In such circumstance, the undertaking made on behalf of the respondent is recorded and there shall be a positive direction to take such decisions within two months from today and definitely if the decision is in favour of the petitioner paid the amounts within one month thereafter.
The writ petition is disposed of.
K. VINOD CHANDRAN, JUDGE SB
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Title

K.Prakasan

Court

High Court Of Kerala

JudgmentDate
18 November, 2014
Judges
  • K Vinod Chandran
Advocates
  • Sri Sebastian Davis