1. Petitioner has called in question the order of the Authority under the Payment of Gratuity Act 1972 dated 12.3.2009 produced at Annexure-A confirmed by the Appellate Authority dated 29.01.2011 produced at Annexure-B.

2. Brief facts leading to this case are:

Petitioner retired as an Assistant Traffic Inspector on 30th September 2005. He had put in 37 years 3 months of service without any break. His basic salary was Rs.9,000/-and the Dearness Allowance was Rs.6,390/-and he was entitled for 10% of basic towards the price index. As such, the component for the purpose of determination of payment of gratuity was Rs.16,290/-. However, the Controlling Authority as well as the Appellate Authority erroneously only took the basic pay and number of years of service, accordingly, calculated the gratuity at Rs.3,31,500/-. Though the petitioner is entitled for additional gratuity of Rs.2,71,230/-, the Appellate Authority also concurred with the findings of the Gratuity Authority and committed an error in not noticing the settlement of 1981 and 1989.

3. Learned Counsel for the petitioner submitted that, under the settlement, the Corporation employee is entitled for calculation of the