[WP(C) Nos.6381/2013, 1993/2013]

Both writ petitions have been filed impugning the order passed in Ext.P13 dated 25.10.2012 by the Appellate Authority under Section 7(7) of the Payment of Gratuity Act 1972 (for short, ‘Gratuity Act’) read with Rule 18(1) of the Payment of Gratuity (Central) Rules 1972 (for short, ‘Gratuity Rules’).

2. The 1st respondent/employee in W.P.(C) No.1993/2013 [the petitioner in W.P.(C) No.6381/2013]

commenced his service with the petitioner/Bank on 13.05.1974 and was superannuated on 31.03.2011 after rendering service for 37 years 8 months and 19 days, which included temporary service.

2.1 The grievance of the respondent/employee before the Controlling Authority was that he was drawing personal pay of Rs.1,050/- (excluding a portion of the House Rent Allowance frozen). Out of this Rs.800/- was reckoned as wages under Section 2 (s) of the Gratuity Act. Fixed Personal Pay was paid at Rs.190/- with effect from 01.07.1983 after reaching maximum scale and his stagnation in lieu of two increments, the frozen Dearness Allowance of Rs.60/- and HRA on the date of wage revision. The amount of Rs.975/- and Rs.1,594/-, paid as Special Compensatory Allowance and