MANAGER KONEY ESTATES Vs. GNANA MUTHU

JUDGEMENT

(1.) All these cases, except O.P. No. 5547 of 1993, are at the instance of the employer. Few are appeals and few are Original Petitions. All these cases, except O.P. Nos. 13176/1996 and 13 177/1996 relate to the question of calculation of wages for the purpose of payment of gratuity to Supervisors, whereas, the said two Original Petitions relate to the same issue with regard to the payment of gratuity to tappers, employed in the rubber estate.

(2.) Eligibility for gratuity to the employees concerned is not disputed. Both supervisors and the tappers are entitled to gratuity, it is concerned.

(3.) Based on certain settlements, both the categories of employees are being paid "Over-kilo wages" as incentive for the output of work in excess of the required minimum standard. In the settlement, it has been agreed that it will be reckoned for the purpose of payment of gratuity, in the case of tappers. But there is no such corresponding Clause in the settlement relating to supervisors.