- (1.) These four writ petitions by the Municipal Corporation of Delhi ("MCD") challenging orders passed by the Appellate Authority under the Payment of Gratuity Act 1972 ("Act") raise a common question of law as regards the applicability of the Act to the MCD. Accordingly, these four writ petitions are disposed of by this common judgment.
(2.) Learned counsel for the MCD sought to urge at the outset that in certain other petitions raising these very questions, notice has been issued and those petitions are listed for hearing in November 2008. It was submitted that the present writ petitions should be heard along with those petitions. However, in view of the settled position of law as contained in the decision of the Supreme Court and this Court, which are discussed hereafter, this Court is proceeding to dispose of these writ petitions.
(3.) The respondent in each of these petitions is a retired employee of the MCD. Each of them received retiral benefits including the gratuity payable in terms of CCS (Pension) Rules 1972 ("Rules") which was adopted by the MCD. Each of them filed an application before the Controlling Authority under the Act claiming the additional amount of gratuity that was payable in terms of the Act. By separate orders, the Controlling Authority ("CA") condoned the delay in the filing of the application under the Act. After computing the gratuity payable under the Act, the CA directed the MCD to pay each of the respondents the differential amount of gratuity together with simple interest @ 10% under Section 7 (3A) of the Act for the period commencing with the date of retirement. Accordingly, Shri P.P. Malhotra , Respondent in WP(C) No. 6280 of 2008 was directed to be paid a sum of Rs.1,00,091/- together with interest @ 10% from 31st May 2000, Shri S.K. Sharma, Respondent in WP(C) No. 6282 of 2008 was directed to be paid a sum of Rs.32,309/- together with interest from 31st December 1997, Shri Ram Chander Yadav, Respondent in WP(C) No. 6284 of 2008 a sum of Rs.33,220/- together interest @ 10% from 31st May 2000 and Shri Balraj Wadhwan, Respondent in WP(C) No. 6288 of 2008 together interest @ 10% from 31st May 1996.;