JUDGMENT:- Rule. By consent heard forthwith.

2. This is an employer's writ petition and is directed against Order dated 30-1-2009 of the Appellate Authority (Respondent No.2) modifying the Order of the Controlling Authority dated 30-5-2008 (Respondent No.3) by which the Respondent No.1 (Employee, for short) has been held entitled to Rs.14,492/- being the difference in gratuity payable to Respondent No.1.

3. Some undisputed facts may be stated to dispose off this writ petition.

4. The Respondent No.1 was working as a Senior Assistant with the Petitioner-State Bank of India until his voluntary retirement on 31-3-2001. Respondent No.1 retired under Voluntary Retirement Scheme w.e.f. 31-3-2001, and was paid gratuity in the sum of Rs.3,03,007.00 which amount the Respondent No.1 received without any protest or demur.

5. Thereafter, on or about 9-5-2006 i.e. after a lapse of more than five years, the employee filed an application in form N before the Respondent No.3 i.e. Assistant Labour Commissioner(Central), Vasco-da-Gama claiming that there was deficit in the payment of gratuity which arose on account of the last drawn wage of the employee being computed at Rs.16,412-85 instead of Rs.17 ,5

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