- (1.) THIS Petition arises out of the judgment and order passed by the Controlling Authority under the payment of Gratuity Act, 1972 and the Appellate authority confirming the same. By the judgments and orders, the Authorities under the Payment of Gratuity act have directed the Petitioner bank to pay additional gratuity to the respondent workman including interest thereon 10% par annum w. e. f. 30. 4. l997 till the date of the order. The Petitioner-bank has also been directed to pay further interest of 10% if the amounts were not paid within 50 days as directed.
(2.) THE Respondent-workman was employed as grade I officer with the petitioner-bank. He was retired w. e. f. 28. 2. 1997 The retirement age was 60 years. After retirement on 28. 2. 1997, the Respondent was paid gratuity due to him on 18. 3. 1997. The maximum amount of gratuity payable under the Payment of Gratuity Act, 1972 being Rs. 100,000/- at the relevant time, the respondent was paid this amount.
(3.) IT appears that on 3. 9. 1998! the respondent-workman filed an application before the controlling Authority under the Payment of Gratuity Act (for short; the Act) claiming an additional amount as gratuity. According to the respondent, he was entitled to an amount of Rs. 140,362/- as additional gratuity; having accepted Rs. 100,000/- as gratuity on 18. 3. 1997 along with interest. The averment in the application for claiming gratuity is that the amount was claimed since other similarly situated workmen, who had retired from service, were paid grartuity in excess of Rs. 100,000 /-;