Delhi High Court
P.P.S Kapoor And Ors. vs Food Corporation Of India ... on 31 January, 2018
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: January 31, 2018
+ W.P.(C) 791/2018
P.P.S KAPOOR AND ORS. ..... Petitioners
Through: Mr. Naresh Kaushik & Mr. Devik
Singh, Advocates
Versus
FOOD CORPORATION OF INDIA (THROUGH: ITS
CHAIRMAN & MANAGING DIRECTOR) AND ORS.
..... Respondents
Through: Mr. B.P. Singh, Advocate for
respondent No.1
Mr. Vivek Goyal, CGSC & Mr. Harsh Pandit &
Mr. Rajeev Ranjan Shahi, Advocate for
respondents No.2, 3,4 & 5
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT
ORAL
1. This is second round of litigation. In the first round of litigation,
respondent-Food Corporation of India (FCI) was called upon to decide
petitioners' Representation, which stands decided vide impugned order of
1st March, 2017. All that has been said in the impugned order is that
Department of Public Enterprises has not issued any guidelines for
enhancing the ceiling of gratuity of Central Public Enterprise's
employees drawing Central Dearness Allowance (CDA) w.e.f. 1st
January, 2006 and so, petitioners' claim for enhanced rate of gratuity
payable from 1st January, 2006 stands declined while further noting that
enhanced rate of gratuity is payable from 25th April, 2010, i.e. the date
when amendment in the Payment of Gratuity Act, 1972 became effective.
2. To assail the impugned order, learned counsel for petitioners draws
the attention of this Court to respondent- FCI's Communication of 9th
August, 1999 (Annexure P-4 colly) to point out that as per Circular
47/1996 issued by respondent-FCI, the stipulation as contained in the
Payment of Gratuity Act will be applicable to FCI employees under the
Industrial Dearness Allowance (IDA) and Central Dearness Allowance
(CDA) pattern, except those employees who have opted for Central
Government terminal gratuity benefits. Attention of this Court is also
drawn to another Circular of 6th January, 2014 of respondent-FCI
whereby benefit of enhancement of ceiling limit of the gratuity amount
has been granted w.e.f. 1st January, 2007 to FCI employees who are
drawing IDA pay scales.
3. Learned counsel for petitioners submits that in view of Circular of
6th January, 2014, petitioners are also entitled to enhanced ceiling limit of
gratuity w.e.f. 1st January, 2007, as CDA and IDA cadre employees of
FCI have to be treated at par.
4. Upon hearing and on perusal of impugned order, I find that the
aforesaid aspect has not at all been considered and the impugned order is
bereft of any reasoning or rationale, therefore, it is quashed with direction
to concerned authority of second respondent to decide petitioner's
Representation afresh within twelve weeks, while specifically dealing
with the aforesaid aspect and recommendation of Sixth Central Pay
Commission. The fate of petitioners' Representation be conveyed to them
within two weeks thereafter, so that they may avail of the remedies, as
available in law, if need be.
5. With aforesaid directions, this petition is disposed of.
SUNIL GAUR
(JUDGE)
JANUARY 31, 2018
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