Kurian, J. - (1.) Leave is granted in SLP(C) No. 28329 of 2012, SLP(C) No. 30323-30350 of 2012, SLP(C) No. 6468 of 2014, SLP(C) No. 28332-28362 of 2012 and SLP(C) No. 26473 of 2012.
(2.) The appellants, which are the Nationalised Banks and also the Association of Banks, are aggrieved since some of the High Courts have declined to uphold the Regulations provided by them, to be precise, Proviso 2 to Regulation 46, Clause 2. The said Regulation reads as follows:- "46(2) The amount of Gratuity payable to an officer shall be one month's pay for every completed year of service, subject to a maximum of 15 month's pay. Provided that where an officer has completed more than 30 years of service, he shall be eligible by way of Gratuity for an additional amount at the rate of one half of a month's pay for each completed year of service beyond 30 years. Provided further that pay for the purpose of Gratuity for an officer who ceased to be in service during the period 1.7.1993 to 31.10.1994 shall be with regard to scale of pay as specified in sub-regulation (1) of Regulation 4."
(3.) The dispute is on the question as to whether the appellants are justified in fixation of cut-off date for the payment of gratuity. The pay had been revised with effect from 01.07.1993. However, in the matter of gratuity, it is stipulated that the benefit of revised pay for the purpose of calculation of gratuity will be available only in the case of those retired after 31.10.1994. In other words, in the case of those who retired prior to 31.10.1994, the calculation of gratuity will be on the basis of the pre-revised pay. It is the case of the appellants, since they are offering better terms, in the sense that gratuity is calculated at the rate of one month's pay as against 15 days' pay under the Payment of Gratuity Act, 1972, they are also justified in fixing the cut-off date.;