- (1.) By Court Petitioners in W.P.(S) No. 5204 of 2011 have retired on reaching their age of superannuation i.e., on 30th April, 2010 in respect of petitioner nos. 1 and 3 and 1st January, 2009 in respect of petitioner no. 2 while holding the post of Charge man and Assistant Personal (HR) under the RespondentGarden Reach Ship Builders and Engineers Limited.
(2.) Petitioners in W.P.(S) No. 6846 of 2011 have accepted Voluntary Retirement and all 16 petitioners have separated from the Company on acceptance of their applications with effect from 31st October, 2009 as per Chart enclosed at Para 5 of their writ petition. They were working in various capacity such as Assistant, Fitter, Pipe Fitter, Clerk, Welder Gas Cutter, Machinist, Store Keeper and Rigger.
(3.) Essentially, the reason for the petitioners in both the writ petitions for being aggrieved is the enhancement of gratuity amount from Rs. 3.5. Lakhs to Rs. 10 Lakhs implemented by the RespondentOrganization in respect of executive and nonunionized Supervisors with effect from 1st January, 2007. Petitioners admittedly are unionized employees i.e., belonging to Operatives and Clerical category in respect of whom the enhancement to Rs. 10 Lakhs of gratuity has been enforced with effect from 24th May, 2010 upon the Gazette Notification of Payment of Gratuity (Amendment) Act, 2010 (No. 15 of 2010) in Section 4(3) of the Parent Act. Petitioners have questioned the enhancement of gratuity to the executive and nonunionized supervisors from the prior date 1st January, 2007 on grounds of unreasonable classification. They allege discrimination when all the employees of the RespondentCompany are governed by the same Payment of Gratuity Act, 1972.;