IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Shampa Dutt (Paul), J.

WPA 15386 of 2025 UCO Bank vs.

Union of India & Ors.

For the Petitioner Bank : Mr. Anniruddha Saha Roy, Mr. Sourjya Roy.

For the Respondent No. 4 : Mr. Subhas Chandra Sarkar Hearing concluded on : 23.07.2025 Judgment on : 04.08.2025 Shampa Dutt (Paul), J.:

1. The writ application has been preferred challenging the order dated

30.11.2023 passed by the respondent no. 2, the Assistant Labour Commissioner (Central), Kolkata and the Controlling Authority under the Payment of Gratuity Act, 1972 and further the order dated 24.03.2025 passed by respondent no. 3, the Deputy Chief Labour Commissioner (Central) Kolkata and the Appellate Authority under the Payment of Gratuity Act, 1972.

2. The petitioner’s case is that it is a banking company and a nationalized bank operating within India.

3. The petitioner states that the employee being the respondent no. 4 herein joined the service of the petitioner Bank on 06.10.1964 and superannuated on 20.12.1999 after serving for a period of 35 years

02 months and 15 days.

4. It is further stated that the service of the respondent No. 4 was governed by the UCO Bank (Officers’) Service Regulation, 1979 and upon superannuation the respondent No. 4 was paid gratuity in terms of the said Regulations to the tune of Rs. 3,50,000/-. It is further stated that the ceiling limit under the Payment of Gratuity Act, 1972 as on 20.12.1999 was Rs. 3.5 lakhs. Therefore, the respondent No. 4 was paid gratuity in better terms than that of the Payment of Gratuity Act, 1972.

5. The respondent No. 4 accepted such gratuity without any demur or reservations whatsoever.

6. The respondent No. 4, after a lapse of about 22 years from the date of his retirement applied for additional gratuity before the Bank in Form-I dated 22.05.2021, claiming gratuity to the tune of Rs. 1,56,160 and ultimately filed a claim before the respondent No. 2 in Form-N dated 21.09.2021.

7. The respondent no. 2 being the Controlling Authority, on hearing the parties determined the gratuity as per OSR which is as follows:-

“DETERMINATION OF GRATUITY AS PER OSR Through discussion, in a nutshell, it is apparent that the calculation of the gratuity for service rendered by the applicant in the opponent's establishment should be based on the last salary drawn, including DA and special allowance in the component of pay/wages for the purpose of calculations of gratuity under the Bank’s regulation. Hence, the determination of gratuity is considered below as per the revised calculation sheet of gratuity given to the applicant in the month of August 2002 (Ref. No.

PER/ER/GF/02/993 dated 19/08/2002).

1. Date of appointment: 06-10-1964

2. Date of superannuation: 20-12-1999

3. Length of service rendered: 35 Years, 02 months & 15 days. .

(i.e. 35 years as per section 4 (2) of the PG Act.)

4. Last wages drawn a) Basic pay = 15760.00 b) Dearness Allowance = 2996.55 c) Fixed Personal Pay (FPP) = 380.00 d) Professional Qualification Pay (PQP) = 360.00 Total (Last Salary/Wages drawn) = 19496.55 Gratuity payable as per P.G. Act = 393680.33 (Last wages drawn x 15/26x Length of Service)

Subject to maximum limit gratuity payable as the ceiling limit was 3.5 lakh only at the time of superannuation of the applicant).

5. Amount of Gratuity payable as per OSR, 1979 (a) Up to 30 years (19496.55x 15) = 292448.25 (b) Above 30 years (19496.55/2 X 5) = 48741.37 Total (a+b) = 341189.62

6. Amount of Gratuity already paid = 350000.00 7. Differential amount of gratuity to be paid = NIL In view of above. I am of the opinion that the management/non-applicant has already paid a sum of Rs. 3.5 Lakh towards gratuity to the applicant as such the applicant is not entitled for additional gratuity as claimed in Form-N. Hence, the instant claim application is dismissed.

Issued under my hand and seal on 30th November

2023.

Sd/-

Assistant Labour Commissioner (Central)

8. Vide an order dated 24.03.2