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2010 Supreme(Mad) 4104

T.S.SIVAGNANAM
S. P. Ganesan – Appellant
Versus
The Management of Ashok Leyland – Respondent


Advocates Appeared:
For the Petitioner:K. Shanmugakani, Advocate.
For the Respondents:R1 - R. Sanjay Mohan for M/s S. Ramasubramanian Associates, Advocates, R2 – Mrs. M. Sneha, G.A.

Judgment :

1. The prayer in the Writ Petitions are for issuance of a writ of certiorari to quash the order passed by the second respondent in P.G. Appeal Nos.53 & 29 of 2002 dated 31.1.2003. The matter arises under the Payment of Gratuity Act, 1972.

2. The case of the petitioner is that he joined the services of the first respondent company on 23.6.1965 as Trade Trainee and his services were regularised on 1.11.1996 and he attained the age of supper annuation on 30.4.1998 in the post of highly skilled road Tester and his last drawn wage was Rs.8,899/- per month. The first respondent Company calculated the total number of years of service as 31 years and it is the case of the petitioner that the total length of service rendered by him is 32 years and 10 months which is to be rounded off to 33 years and therefore his wages were not properly calculated. If the total length of service is taken as 33 years and taking into consideration his last drawn wage as 8,899/-, the petitioner would get higher amount of gratuity in terms of the following calculation:

8899 z 342 x 15 x 33= Rs.1,69,290.00

Paid= Rs.1,32,279.00

Rs. 37,011.00

3. The petitioner is stated to have made representation for




















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