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2026 Supreme(Online)(Ker) 2492

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
UNIT CHIEF, HLL LIFE CARE LIMITED – Appellant
Versus
T.P. ALEX – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.RAMAKRISHNAN, SMT.PREETHI RAMAKRISHNAN, SRI.C.ANIL KUMAR, SMT.ASHA K.SHENOY, SRI.PRATAP ABRAHAM VARGHESE, SHRI.GOKUL KRISHNA
For the Respondents: SHRI.RAGHUL SUDHEESH, SMT.J.LAKSHMI, SMT.ELIZABETH MATHEW, SMT.BINI DAS, SMT.DHARSANA A.

JUDGMENT This writ petition has been filed challenging Ext.P6 order of the second respondent, the Controlling Authority under the Payment of Gratuity Act, 1972 (in short, the 1972 Act), and the Ext.P8 order of the third respondent, the Appellate Authority under the 1972 Act, which directs the payment of 10% interest on the amount of Rs.1,57,326/-, which was the amount of gratuity allegedly short-paid to the first respondent due to the incorrect application of the ceiling limit in accordance with the provisions contained in the 1972 Act.

2. The learned counsel representing the petitioner asserts that upon the retirement of the first respondent, the provisions of the 1972 Act capped the maximum gratuity at Rs. 3,50,000/-. The learned counsel contends that this amount was disbursed to the first respondent upon his retirement. It is submitted that certain employees filed an Original Application as O.A.No. 288 of 2012 before the Central Administrative Tribunal (CAT), Ernakulam Bench, asserting that under Ext.P.1 Office Memorandum issued by the Central Government, the gratuity cap for all Central Public Sector Undertakings would be Rs. 10 lakhs. It is submitted that though the Original

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