VISHAL DHAGAT,J. - (1.)Petitioner i.e. Municipal Council of the Damoh has filed the present miscellaneous petition challenging the order passed by Controlling Authority under Payment of Gratuity Act, 1972 dated 18.9.2017.
(2.)Respondent has not availed the alternative remedy of filing an appeal before the Appellate Authority against the impugned order passed by the Controlling Authority. As bunch of petitions has been heard and decided together, therefore, this petition is also being disposed of on the same terms.
(3.)The respondent was working as Peon in Municipal Council, Damoh. He was appointed on 15.9.1971 and he was superannuated from service on 31.3.2013 after attaining age of 60 years. Municipal Council, Damoh granted an amount of Rs.4,05,273/- to the respondent. Later on, pay of the respondent was revised as per Revision of Pay Rules, 2009. After retirement, respondent was paid arrears of salary arrived at after refixation of pay. Respondent had filed an application before the Controlling Authority under Payment of Gratuity Act, 1972 claiming that he has been paid less amount of gratuity and he is entitled to get gratuity as per Payment of Gratuity Act, 1972. The Controlling Authority vide its order dated 18.9.2017 held that respondent is entitled to the remaining gratuity amount of Rs.1,89,883/-. Respondent was paid gratuity amount of Rs.4,05,273/- by the Municipal Council. Petitioner was ordered to be paid difference of this amount. The Controlling Authority also held that respondent is also entitled to get interest due to delayed payment. It was also held by the Controlling Authority that there was delay of four years and five months and, therefore, 10% interest is also to be paid to the respondent. Total amount of interest comes to Rs.77,606/- and the total amount of gratuity to be paid to respondent is Rs.2,53,319/-. The Controlling Authority further held that section 14 of Payment of Gratuity Act, 1972 will have overriding effect on other laws and rules, which are inconsistent with Payment of Gratuity Act, 1972.