JUDGMENT :

R.K. Patra, J. - Whether a person after he ceases to be an 'employee' as defined in Section 2(e) of the Payment of Gratuity Act, 1972. Where in after referred to as ('the Act'), is entitied to receive better terms of gratuity as provided in Sub-section (5) of Section 4 of the Act and, if so, whether the Controlling Authority under the Act is competent to grant such relief? This is the moot question that arised for consideration in this writ petition.

2. The facts which are not in dispute may be briefly stated:

Opp. party No. 3 Gour Mohan Giri came to be appointed as an Accountant-cum-Cashier on August 24, 1955 under the erstwhile Hindustan Steel Limited now renamed-named as Rourkela Steel Plant, Steel Authority of India Ltd., on wages not exceeding Rs. 1600/- per month. When he retired on superannuation (the date being August 31, 1984) he was the Assistant Manager (Admn.) and was drawing a salary of Rs. 2850/- per month. As gratuity was not paid to him after his superannuation, opp. party No. 3 made an application in the prescribed form to the Controlling Authority- opp. party No. 2 for payment of the same from the petitioner. After hearing, the Controlling Authority by ord