ANAPPARA KARINKALLU THOZHILALI SAHAYAM CO OPERATIVE SOCIETY LIMITED Vs. MANY
HIGH COURT OF KERALA
ANAPPARA KARINKALLU THOZHILALI SAHAYAM CO-OPERATIVE SOCIETY LTD.
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K.A.ABDUL GAFOOR, J. -
(1.) A co-operative society is the appellant. Only, the granite quarry workers are the members of the society. The society gets, on lease, quarries for quarrying. Willing members are employed for quarrying work. The remuneration is paid for the work done by the members. These are the admitted position.
(2.) The bye-law of the society provides for payment of gratuity to the worker who retires. The provision in the bye-law is that for the purpose of computing gratuity, one should have worked for 240 days in a year. It will be taken as complete year for computation of gratuity. The first respondent, a member of the appellant-society, retired. He was paid gratuity in terms of the bye-law as aforesaid.
(3.) Dissatisfied with the quantum of gratuity, he moved the Controlling Officer appointed under the Payment of Gratuity Act, 1972 (in short "the Act") for computation of the gratuity payable to him by the appellant. The Controlling Officer found that, as the workman, first respondent herein, did have 21 years of continuous service, he shall be paid Rs. 35,941.50. The formula applied was the last drawn wages of Rs. 114.10 x 15 (half monthly wages) x 21 (number of years of service) = Rs.35,941.50 and directed payment of Rs.11,980/- deducting the amount of Rs.23,961/-, already paid by the appellant.;
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