- (1.) Instant appeal has been filed against the order of the ld. Single Judge dt. 19.2.2014 directing the appellant bank to pay full amount of gratuity taking note of amendment made under section 4(3) of the Payment of Gratuity Act, 1972 substituted by Act 15 of 2010 with effect from 24.5.2010 substituting the maximum limit of Rs. 10 lacs instead of Rs. 3.50 lacs. Respondent was substantive employee of the Bank and while holding the post of Branch Manager stood retired from service on 31.8.2010 after attaining age of superannuation. It can be noticed by this Court that vide order dt. 11.7.2012, the pay scale of the bank employees stood revised from 1.1.2009 and indisputably the date from which the revision of pay scale to the post of Branch Manager has given effect to, the respondent was in service and was entitled for fixation and whatever benefits flowing thereof made available to him under law. After the respondent stood retired from service, the appellant-bank did not chose to take note of amendment of section 4(3) of the Act, 1972 which indisputably came into force before his retirement from service and gratuity was paid of the post on the basis of pay scale he was discharging duties but the revision which has taken place from 1.1.2009 by the appellant-bank vide its order dt. 11.1.2011 was not taken note of and this fact is not in dispute that if benefit of revision of pay which was given effect to from 1.1.2009 is taken note of, he is entitled to get maximum limit of gratuity which is fixed after amendment under section 4(3) of the Act, 1972.
(2.) The main thrust of submission of the appellant before the Court is that the pay scale stood revised from 1.1.2009 he will not be entitled for actual benefits as prayed for and the incumbent will get notional fixation and benefit flowing thereof and since the respondent stood retired from service on 31.8.2010 he will be entitled to get notional benefits on account of revision of pay which he was getting on 1.1.2009.
(3.) The learned Single Judge took note of the submission and arrived to the conclusion that the employee was entitled for full gratuity of Rupees ten lacs and balance amount which has been withheld by the appellant as per provisions of the Act 1972 and took note of interest over balance amount which indisputably was unpaid.;