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S. DATTA PURKAYASTHA
Ratan Kumar Das – Appellant
Versus
State of Tripura – Respondent
JUDGMENT & ORDER (ORAL)
S. Datta Purkayastha, J. - This writ petition has been filed by the petitioner with the following reliefs:
(i) Issue Rule upon the Respondents to show cause as to why a writ in the nature of Mandamus and/or order/orders and/or direction/directions of like nature shall not be issued whereby directing the Respondents to make the full and final payment of Gratuity with interest @ 9% per annum to the Petitioner w.e.f. the date on which gratuity became payable till date of payment after adjusting lump sum amount of Rs.10,00,000/- already paid.
(ii) Issue Rule upon the Respondents to show cause as to why writ in the nature of Mandamus and/or order/orders and/or direction/directions of like nature shall not be issued whereby directing the Respondents to allow the benefit of revised pay scale to the Petitioner as per Tripura State Pay Matrix-2018.
(iii) Issue Rule upon the Respondents to show cause as to why a writ in the nature of Mandamus and/or order/orders and/or direction/directions of like nature shall not be issued whereby directing the Respondents to recalculate the initial pay of the Petitioner as per Tripura State Pay Matrix-2018 and re-determination of gratui
The revised ceiling limit of gratuity under the Payment of Gratuity Act, 1972 applies to all employees, overriding state regulations that set lower limits.
State government employees are excluded from the Payment of Gratuity Act, and their gratuity entitlement is regulated by separate Pension Rules, confirming a ceiling limit of Rs. 4 lakh.
Once full amount of gratuity becomes payable to the employee due to the consequences of law, then the right to get statutory interest in terms of Section 7(3A) of the Payment of Gratuity Act, cannot ....
Withholding gratuity post-retirement without notice or opportunity to contest alleged incorrect pay fixation is impermissible and deemed harsh.
The gratuity payable to an employee is governed by the law applicable at their date of retirement, and amounts exceeding the statutory ceiling limit are recoverable.
The court affirmed the applicability of revised gratuity limits as per the Central Government notification and ruled that financial constraints do not exempt employers from timely payment of gratuity....
Gratuity under the Payment of Gratuity Act cannot be withheld on the basis of dues unless misconduct is established prior to retirement.
Central legislation on gratuity limits prevails over state rules. The state must align its rules with central amendments to avoid conflict and ensure uniformity in employee benefits.
Employees are entitled to gratuity payments as per revised ceiling limits established by the Payment of Gratuity (Amendment) Act, 2018, regardless of employers' financial constraints.
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