N.A. Britto, J.— 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 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.16,41