Deepa Rani Dey Wife of Bishwa Kalyan Ganguli v. State of Bihar
2019-06-25
MOHIT KUMAR SHAH
body2019
DigiLaw.ai
JUDGMENT : The present writ petition has been filed for directing the respondents to pay gratuity to the petitioner considering the enhanced limit of gratuity as per the amendment made in the Payment of Gratuity Act, 1972 by the Payment of Gratuity (Amendment) Act, 2018 brought into force on 29.3.2018. 2. It is the submission of the learned counsel for the petitioner that the respondents had calculated the total amount of gratuity, payable to the petitioner herein, to the tune of Rs. 15,40,688/-, as is apparent from Annexure-3 to the writ petition, however, since the limit under the unamended provisions of the Payment of Gratuity Act, 1972 was Rs. 10,000,00/-(enhanced in the year, 2010), the respondents had sanctioned and paid a sum of Rs. 10,000,00/-on the head of gratuity, ignorant of the aforesaid amended of the year 2018. 3. The learned counsel for the petitioner has submitted that as per the aforesaid amendment of the year, 2018 brought into force on 29.3.2018, the upper ceiling on the gratuity amount has been enhanced from Rs. 10,000,00/-to Rs. 20,00,000/-and since the petitioner has retired on 31.12.2018, the aforesaid amendment of the year, 2018 would be applicable in her case and she would be entitled to a sum of Rs. 15,40,688/-, which is within the prescribed upper ceiling limit of Rs. 20,000,00/-. 4. Per contra, the learned counsel for the respondents has not been able to controvert the aforesaid position existing in law, as also on facts. 5. Having regard to the facts and circumstances of the case, as also considering the materials on record, this Court is of the view that the upper ceiling of gratuity amount under the Payment of Gratuity Act, 1972, as amended by the Payment of Gratuity (Amendment) Act, 2018, which is Rs. 20,000,00/-would be applicable in the present case, hence, the respondents are directed to calculate the total amount of gratuity payable to the petitioner herein and accordingly, pay the differential amount over and above, a sum of Rs. 10,000,00/-already paid, within a period of eight weeks from the date of receipt/ production of a copy of this order. 6. The writ petition stands allowed on the aforesaid terms.