Monday, 18, May, 2026
 
 
 
Expand O P Jindal Global University
 
  
  
 
 
 

P. Manivannan vs Ministry Of Finance
2025 Latest Caselaw 5469 Mad

Citation : 2025 Latest Caselaw 5469 Mad
Judgement Date : 30 June, 2025

Madras High Court

P. Manivannan vs Ministry Of Finance on 30 June, 2025

                                                              W.P. Nos.143, 144, 146 and 558 of 2022


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                DATED: 30.06.2025

                                                           CORAM

                                   THE HONOURABLE Mr. JUSTICE P.DHANABAL

                                     W.P. Nos.143, 144, 146 and 558 of 2022
                                                      and
                          W.M.P. Nos.156, 157, 158, 159, 160, 161, 603 and 604 of 2022
                               and W.M.P. Nos.9651, 9652, 9654 and 9659 of 2024
                   1. P. Manivannan
                   2. P. Sundaravadivelu
                   3. V. Rajendran
                   4. S. Syed Musheer Ahmed
                   5. N. Murugesan                    .. Petitioners common in
                                                W.P. Nos.143 & 558 / 2022

                   1. S. Balu
                   2. G. Pannerselvam
                   3. R. Sekar
                   4. N. Thambidurai
                   5. S. Manogaran
                   6. R. Annamalai
                   7. K. Saminathan
                   8. K. Sockalingam
                   9. V.C. Madhu
                   10. A. Palani
                   11. Swami Srinivasa Rao                       .. Petitioners common in
                                                      W.P. Nos.144 & 146 / 2022

                                                                vs.
                   1. Ministry of Finance
                   Department of Public Enterprises,
                   represented by its Under Secretary,
                   Lodi Road, CGO Complex,
                   Block No.14, New Delhi - 110 003.


                   1/21


https://www.mhc.tn.gov.in/judis              ( Uploaded on: 18/07/2025 07:05:58 pm )
                                                            W.P. Nos.143, 144, 146 and 558 of 2022



                   2. Madras Fertilizers Limited,
                   represented by its Chairman &
                   Managing Director,
                   Manali, Chennai - 600 068.

                   3. Deputy Chief Labour Commissioner (Central),
                   Office of the Deputy Chief Labour Commissioner (Central),
                   5th Floor, Shastri Bhawan, Chennai - 600 006. .. Respondents common in
                                                                all W.Ps.

                   4. Department of Fertilizers,
                   Ministry of Chemicals and Fertilizers,
                   represented by its Secretary,
                   Shastri Bhawan, New Delhi- 110 001 (INDIA).                  .. 4th Respondent in
                   [impleaded as per the order dated 28.03.2024 in                        W.P. No.558/2022
                   W.M.P. No.9657/2024 in W.P. No.558/2022]

                   PRAYER in W.P. No.143 of 2022: This Writ petition filed under Article

                   226 of the Constitution of India seeking to issue a Writ of Certiorarified

                   Mandamus calling for the records of the Office Memorandum dated

                   10.07.2018 issued by the 1st respondent and to quash the same to the extent it

                   makes the payment of the enhanced gratuity under the Office Memorandum

                   dated 03.08.2017 subject to the 'affordability' of the CPSEs concerned

                   effective for the period from 01.01.2017 to 28.03.2018 and to consequently

                   direct the 2nd respondent to pay the petitioners the enhanced gratuity under

                   the Office Memoranudm dated 03.08.2017 issued by the 1st respondent.

                   PRAYER in W.P. No.558 of 2022: This Writ petition filed under Article



                   2/21


https://www.mhc.tn.gov.in/judis            ( Uploaded on: 18/07/2025 07:05:58 pm )
                                                            W.P. Nos.143, 144, 146 and 558 of 2022


                   226 of the Constitution of India seeking to issue a Writ of Certiorari calling

                   for the records of the Impugned order dated 01.11.2021 in Gratuity Appeal

                   Nos.5, 7-10 / 2021 passed by the 3rd respondent and to quash the same as

                   being contrary to the provisions of the Payment of Gratuity Act, 1972.



                   PRAYER in W.P. No.144 of 2022: This Writ petition filed under Article

                   226 of the Constitution of India seeking to issue a Writ of Certiorari calling

                   for the records of the Impugned order dated 31.03.2021 in Gratuity Appeal

                   Nos.74, 75, 77, 78, 80-82, 87, 88, 90 and 92 / 2020 passed by the 3rd

                   respondent and to quash the same as being contrary to the provisions of the

                   Payment of Gratuity Act, 1972.



                   PRAYER in W.P. No.146 of 2022: This Writ petition filed under Article

                   226 of the Constitution of India seeking to issue a Writ of Certiorarified

                   Mandamus calling for the records of the Office Memorandum dated

                   10.07.2018 in No.W-02/0036/2018-DPE (WC) - GL - XIX / 18 issued by the

                   1st respondent and to quash the same to the extent it makes the payment of

                   the enhanced gratuity under the Office Memorandum dated 03.08.2017

                   subject to the affordability of the CPSEs concerned effective for the period



                   3/21


https://www.mhc.tn.gov.in/judis            ( Uploaded on: 18/07/2025 07:05:58 pm )
                                                                W.P. Nos.143, 144, 146 and 558 of 2022


                   from 01.01.2017 to 28.03.2018 and to consequently direct the 2nd respondent

                   to pay the petitioners the enhanced gratuity under the Office Memorandum

                   dated 03.08.2017 issued by the 1st respondent.

                             For Petitioner    :        Mr. Pavan Kumar.G.

                             For Respondent    :     Mr. C. Samivel, SPL GSC,
                                                     [For R1 & R4]
                                               Notice served, No appearance
                                                     [for R2]
                                               Mr. B. Sudhir Kumar, SPC [for R3]
                                                 COMMON ORDER

These Writ petitions have been filed by the petitioners challenging the

Gratuity Appeal Nos.5, 7-10 / 2021 and Gratuity Appeal Nos.74, 75, 77, 78,

80-82, 87, 88, 90 and 92 / 2020 passed by the 3rd respondent and to quash the

Official Memorandum issued by the 1st respondent dated 10.07.2018 to the

extent it makes the payment of the enhanced gratuity under the Office

Memorandum dated 03.08.2017 that subject to the affordability of the CPSEs

concerned effective for the period from 01.01.2017 to 28.03.2018 and to

consequently direct the 2nd respondent to pay the petitioners the enhanced

gratuity under the Office Memorandum dated 03.08.2017 issued by the 1st

respondent.

2. The learned counsel appearing for the petitioners would submit that

these petitioners are the erstwhile employees of the 2nd respondent, a Central

https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/07/2025 07:05:58 pm ) W.P. Nos.143, 144, 146 and 558 of 2022

Public Sector Enterprise ("CPSE") and they retired from service during the

period between 01.01.2017 to 28.03.2018 and they have an average of 30

years of service in the 2nd respondent company and therefore, they are

entitled to receive gratuity under the provisions of the Payment of Gratuity

Act, 1972. Section 4(3) of Payment of Gratuity Act was amended with effect

from 29.03.2018 by enhancing maximum amount of gratuity as Rs.20 lakhs.

The 1st respondent issued an Official Memorandum dated 03.08.2017 by

enhancing the Gratuity amount from Rs.10 lakhs to Rs.20 lakhs with effect

from 01.01.2017. Thereafter, the 1st respondent issued a Clarification

Official Memorandum dated 10.07.2018 stating that the Payment of Gratuity

under the DPE guidelines dated 03.08.2017 is subject to 'affordability' of the

CPSEs concerned effective for the period from 01.01.2017 till 28.03.2018 in

respect of Executives and Non-Unionised Supervisors of CPSEs on IDA pay

pattern, where pay has been revised with effect from 01.01.2017. In terms of

Official Memorandum dated 03.08.2017, the petitioners are entitled to the

enhanced payment of Gratuity amount of Rs.20 lakhs as they retired from

service under the 2nd respondent company during the period from 01.01.2017

to 28.03.2018. The 2nd respondent, being a CPSE, is bound by the said

Official Memorandum dated 03.08.2017. However, refused to provide

https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/07/2025 07:05:58 pm ) W.P. Nos.143, 144, 146 and 558 of 2022

enhanced Gratuity to the petitioners.

2.1. In the meantime, an Official Memorandum dated 10.07.2018 has

been issued by clarifying that the enhanced Gratuity of Rs.20 lakhs shall be

applicable subject to the affordability of the CPSE concerned. The impugned

Official Memorandum dated 10.07.2018 issued with retrospective effect,

thereby, affecting the vested and substantive rights of the petitioners to

receive the enhanced Gratuity of Rs.20 lakhs as per the Official Memorandum

dated 03.08.2017. Therefore, the petitioners approached the 2nd respondent

through the Madras Fertilizers Retired Employees Welfare Association for the

payment of the enhanced gratuity under the Official Memorandum dated

03.08.2017 and the same was refused vide a letter dated 08.08.2018.

Therefore, the petitioners approached the Assistant Commissioner of Labour

under Section 7 of the Payment of Gratuity Act, 1972 and the same were

dismissed. The petitioners filed Appeals before the 3rd respondent and the

same were also dismissed vide orders dated 31.03.2021 and 01.11.2021. The

petitioners challenged the Official Memorandum dated 10.07.2018 on the

ground that the previous Official Memorandum dated 03.08.2017 has created

vested and substantive rights to the petitioners to receive the enhanced

https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/07/2025 07:05:58 pm ) W.P. Nos.143, 144, 146 and 558 of 2022

Gratuity of Rs.20 lakhs without any condition.

2.2. The Gratuity is a retiral benefit and is a constitutional right and the

same cannot be taken away retrospectively by the Official Memorandum

dated 10.07.2018. The retiral benefit like Gratuity payable to the petitioners

cannot be subject to 'affordability' criteria or the profitability of the 2nd

respondent company. Even as per the Section 4(5) of the Payment of Gratuity

Act, if under any Award or agreement or contract with the employer, an

employee is entitled to a higher gratuity. Therefore, as per the Official

Memorandum dated 03.08.2017, the petitioners are entitled to Rs.20 lakhs as

Gratuity amount.

2.3. The petitioners who superannuated between 01.01.2017 and

28.03.2018, i.e., before the issuance of the Official Memorandum of

10.07.2018, also had a legitimate expectation and accrued right to receive the

enhanced Gratuity amount of Rs.20 lakhs and the same stood crystallized on

the issuance of the Official Memorandum dated 03.08.2017. Therefore, the

impugned Official Memorandum dated 10.07.2018 is also violative of the

settled principles of legitimate expectation. The impugned Official

https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/07/2025 07:05:58 pm ) W.P. Nos.143, 144, 146 and 558 of 2022

Memorandum dated 10.07.2018 cannot operate retrospectively to deny the

petitioners to receive the enhanced Gratuity. The other CPSEs like NLC,

BHEL etc., have implemented the Official Memorandum dated 03.08.2017

and paid the enhanced Gratuity amount. Therefore, the criteria 'affordability'

is against law and same has to be set aside.

2.4. In support of his contention, the learned counsel appearing for the

petitioners relied upon the following judgments:-

2.4.1. Electronics Corporation of India Limited vs. The

Appellate Authority under Payment of Gratuity Act, 1972 & Ors in Writ

Appeal No.887 of 2004 - Telangana High Court.

2.4.2. Ahmedabad (P) Primary Teachers' Association vs.

Administrative Officer reported in (2004) 1 SCC 755.

2.4.3. State of Jharkhand v. Jitendra Kumar Srivastava

reported in (2013) 12 SCC 210.

2.4.4. Sree Sankaracharya University of Sanskrit vs. Manu

reported in (2023) 19 SCC 30.

2.4.5. V. Vincent Velankanni v. Union of India reported in

https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/07/2025 07:05:58 pm ) W.P. Nos.143, 144, 146 and 558 of 2022

2024 SCC Online SC 2642.

3. The learned counsel appearing for the 1st respondent would submit

that the petitioners are not entitled to the enhanced Gratuity amount as a

matter of right. The Section 4(3) of the Payment of Gratuity Act was

amended only on 29.03.2018. Therefore, after the amendment of Payment of

Gratuity Act, by enhancing the amount of Rs.20 lakhs, the retired persons are

entitled to the said amount. The 1st respondent issued an Official

Memorandum dated 03.08.2017 by enhancing the Gratuity amount from

Rs.10 lakhs to Rs.20 lakhs and thereafter, they received some clarifications

from the stakeholders, thereby, issued clarifications through an Official

Memorandum dated 10.07.2018 that the enhancement of Gratuity amount is

subject to the affordability of the CPSEs concerned. Therefore, based on the

clarifications issued by the 1st respondent, the enhancement of the Gratuity

amount is subject to the affordability of the CPSE. The said Official

Memorandum dated 10.07.2018 is issued only to clarify the applicability of

the Official Memorandum dated 03.08.2017. The persons, who retired during

the period between 01.01.2017 and 28.03.2018, will get enhanced Gratuity

amount subject to the affordability of the CPSEs. Therefore, the Official

https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/07/2025 07:05:58 pm ) W.P. Nos.143, 144, 146 and 558 of 2022

Memorandum dated 10.07.2018 is only clarification and the same is issued to

clarify the earlier Official Memorandum dated 03.08.2017. Therefore, the

present Writ petitions are liable to be dismissed.

4. No representation for the 2nd respondent and the name of the 2nd

respondent is printed in the Cause List.

5. The learned counsel appearing for the 3rd respondent would submit

that the petitioners filed applications for enhanced Gratuity amount. As per

the Official Memorandum issued by the 1st respondent dated 03.08.2017, the

Gratuity amount was enhanced from Rs.10 lakhs to Rs.20 lakhs. But the 1st

respondent issued clarifications through an Official Memorandum dated

10.07.2018 that the enhanced Gratuity amount is subject to the affordability

of the CPSEs concerned. The 2nd respondent incurred loss for the preceeding

3 years. Therefore, there is no affordability to enhance the Gratuity amount

from Rs.10 lakhs to Rs.20 lakhs. As per the clarification for the Official

Memorandum dated 03.08.2017, the enhanced Gratuity amount is subject to

the affordability. Therefore, the Authority has passed a reasoned order and

the present petitions are liable to be dismissed.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/07/2025 07:05:58 pm ) W.P. Nos.143, 144, 146 and 558 of 2022

Heard both sides and perused the entire materials available on record.

6. In this case, there is no dispute that these petitioners are the erstwhile

employees of the 2nd respondent company and they retired from service

during the period between 01.01.2017 and 28.03.2018. As per Section 4(3) of

the Payment of Gratuity Act, the retired employees during the period between

01.07.2017 to 28.03.2018, are entitled to Rs.10 lakhs as Gratuity. The 1st

respondent issued an Official Memorandum dated 03.08.2017 by enhancing

the Gratuity amount from Rs.10 lakhs to Rs.20 lakhs. While perusing the

above said Official Memorandum, there are no any restrictions or any

condition to avail the benefits. In the meantime, the Payment of Gratuity Act

was amended and the Gratuity amount was enhanced from Rs.10 lakhs to

Rs.20 lakhs with effect from 29.03.2018. Thereafter on 10.07.2018, the 1st

respondent had issued an another Official Memorandum clarifying the

Official Memorandum issued on 03.08.2017 that the payment of Gratuity for

the period between 01.01.2017 and 28.03.2018 is subject to affordability of

the CPSEs concerned in respect of Executives and Non-Unionised

Supervisors of CPSEs on IDA pay pattern, where, pay has been revised with

https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/07/2025 07:05:58 pm ) W.P. Nos.143, 144, 146 and 558 of 2022

effect from 01.01.2017.

7. The petitioner's contention is that they are entitled to the benefits

under the Official Memorandum dated 03.08.2017. In that Official

Memorandum, there is no restriction or any condition imposed. While so,

after amending the Act and after one year from the date of previous Official

Memorandum, that too after retirement of the petitioner, a Clarification

Official Memorandum giving retrospective effect to the above said Official

Memorandum dated 03.08.2107 was issued. Once an Official Memorandum

is issued by the 1st respondent, in respect of CPSEs, by enhancing the

Gratuity amount from Rs.10 lakhs to Rs.20 lakhs, it is the duty of the CPSEs

concerned to follow and obey the Official Memorandum. Therefore, the

petitioners are entitled to the enhanced Gratuity amount as per the Official

Memorandum dated 03.08.2017.

8. The clarification was issued only in the month of July 2018. Based

on the earlier Official Memorandum dated 03.08.2017, there is a legitimate

expectation among the petitioners in getting the enhanced Gratuity amount.

As per the clarification Official Memorandum dated 10.07.2018, the

https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/07/2025 07:05:58 pm ) W.P. Nos.143, 144, 146 and 558 of 2022

enhanced Gratuity amount is subject to the affordability of the CPSEs

concerned. The said condition cannot be imposed retrosectively and it could

be prospectively as the previous Official Memorandum did nto impose any

condition of affordability. Since on the date of issuance of the Clarification

Official Memorandum on 10.07.2018, the Payment of Gratuity Act was

amended with an enhancement of Rs.20 lakhs. The above said Official

Memorandum cannot be given retrospective effect. Even prior to the

amendment of the Payment of Gratuity Act, as per Section 4(5) of the

Payment of Gratuity Act, if under any Award or agreement or contract with

the employer, an employee is entitled to a higher gratuity than ten lakh

rupees, the employee shall be eligible to receive such higher gratuity and

therefore, the petitioners are entitled to a maximum amount as per the

agreement. As per the Official Memorandum dated 03.08.2017, the 1st

respondent enhanced the Gratuity amount from Rs.10 lakhs to Rs.20 lakhs.

Therefore, as per Section 4(5) of the Payment of Gratuity Act, the petitioners

are entitled to enhanced gratuity. As far as the binding nature of the Official

Memorandum dated 10.07.2018 is concerned, it cannot be given retrospective

effect.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/07/2025 07:05:58 pm ) W.P. Nos.143, 144, 146 and 558 of 2022

9. At this juncture, it is relevant to rely upon the judgments in Sree

Sankaracharya University of Sanskrit vs. manu reported in (2023) 19 SCC

30 and V. Vincent Velankanni vs. Union of India reported in 2024 SCC

Online SC 2642.

9.1. In Sree Sankaracharya University of Sanskrit vs. manu reported

in (2023) 19 SCC 30, it has been held as follows:-

38. From the aforesaid authorities, the following principles could be culled out.

38.1. If a statute is curative or merely clarificatory of the previous law, retrospective operation thereof may be permitted. 38.2. In order for a subsequent order / provision / amendment to be considered as clarificatory of the previous law, the pre-amended law ought to have been vague or ambiguous. It is only when it would be impossible to reasonably interpret a provision unless an amendment is read into it, that the amendment is considered to be a clarification or a declaration of the previous law and therefore applied retrospectively.

38.3. An explanation / clarification may not expand or alter the scope of the original provision.

38.4. Merely because a provision is described as a clarification / explanation, the Court is not bound by the said statement in the statute itself, but must proceed to analyse the nature of the amendment and then conclude whether it is in reality a clarificatory or declaratory provision or whether it is a substantive amendment which is intended to change the law and which would apply prospectively.

9.2. In V. Vincent Velankanni vs. Union of India reported in 2024 SCC Online SC 2642, it has been held as follows:-

43. If a Government Order is treated to be in the nature of a clarification of an earlier Government Order, it may be made applicable retrospectively. Conversely, if a subsequent Government Order is held to be a modification / amendment of the earlier

https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/07/2025 07:05:58 pm ) W.P. Nos.143, 144, 146 and 558 of 2022

Government Order, its application would be prospective as retrosepective application thereof would result in withdrawal of vested rights which is impermissible in law and the same may also entail recoveries to be made. The principles in this regard were culled out by this Court in a recent judgment of Sree Sankaracharya University of Sanskrit v. Dr. Manu in the following terms:___"

10. In view of the above said judgments, it is clear that merely because

a provision is described as a clarification / explanation, the Court is not bound

by the said statement in the statute itself, but must proceed to analyse the

nature of the amendment and then conclude whether it is in reality a

clarificatory or declaratory provision or whether it is a substantive

amendment which is intended to change the law and which would apply

prospectively. If the Government Order is treated in the nature of

clarification of an earlier Government Order, it may be made applicable

retrospectively. Conversely, if a subsequent Government Order is held to be a

modification / amendment of the earlier Government Order, its application

would be prospective as retrosepective application thereof would result in

withdrawal of vested rights which is impermissible in law and the same may

also entail recoveries to be made. While so, it is clear that the clarification

Government Order cannot, in any way, a modification of the earlier

Government order. In the case on hand, without any condition, the earlier

order Official Memorandum was issued. Now, the clarification order

modified the entire scheme and the word "subject to affordability" was

https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/07/2025 07:05:58 pm ) W.P. Nos.143, 144, 146 and 558 of 2022

introduced and the same would amounts to modification and the same cannot

be permitted. When the applications were presented before the amendment of

the Payment of Gratuity Act, the Authority failed to consider that the

clarificaiton was issued after the amendment of the Act, that too, by the time,

the Office Memorandum dated 03.08.2017 has created a vested right and

substantial right to the petitioners to receive the enhanced gratuity of Rs.20

lakhs and the right to legitimate expectation of the petitioners accures from

the date of the earlier Official Memorandum and it cannot be clarified by way

of imposing conditions. Even as per amended Section 4(5) of the Payment of

Gratuity Act, the petitioners are entitled to get higher gratuity than the

prescribed limit of Rs.10 lakhs.

At this juncture, it is relevant to rely the judgment of High Court of

Telangana in Electronics Corporation of India Limited vs. The Appellate

Authority under Payment of Gratuity Act, 1972 & Ors in Writ Appeal

No.887 of 2004 dated 19.08.2024, wherein the High Court of Telangana has

held as follows:-

"27. Now we may advert to the second issue, whether the office Memorandum dated 26.11.2008 is an award or agreement or contract within the meaning of Section 4(5) of the Act.

28. It is well settled legal proposition that the Act is a beneficial statute. When two views are possible, having regard to purpose the Act seeks to achieve being a social welfare legislation, it may be construed in favour of workman (see Regional Director,

https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/07/2025 07:05:58 pm ) W.P. Nos.143, 144, 146 and 558 of 2022

ESI Corporation vs. Ramanuja Match Industries 8 and Beed District Central Coop. Bank Ltd. vs. State of Maharashtra 9). It is equally well settled principle of statutory interpretation that Court has to evolve concept of purposive interpretation while interpreting with a social welfare legislation. The Acts aimed at social amelioration giving benefits for the have-nots should receive liberal construction. It is the duty of the Court to give such a construction to a statute as would promote the purpose of object of the Act. A construction which promotes the purpose of the legislation should be preferred to a literal construction. A construction which would defeat the rights of have-nots should be avoided (see Bharat Singh vs. Management of New Delhi Tuberculosis Centre, (1985) 1 SCC 218 (2006) 8 SCC 514 New Delhi 10 and X vs. Principal Secretary, Health and Family Welfare Department, Government of NCT of Delhi 11). A three Judge Bench of Supreme Court in Mahanadi Coalfields Ltd. vs. Rabindranath Choubey 12 ) while interpreting Section 4(1) and Section 4(6) of the Act has held that aforesaid provisions have to be given purposive interpretation.

......

33. The Act is a piece of beneficial legislation and its provisions have to be interpreted liberally and in a purposive manner. Therefore, the expression "agreement" used in Section 4(5) of the Act has also to be construed liberally in a purposive manner so as to protect the rights of the employees to receive better terms of gratuity. Therefore, we hold that office memorandum dated 26.11.2008 is an agreement within the meaning of Section 4(5) of the Act. The second issue is also answered in the affirmative".

Therefore, the Appellate Authority also failed to consider that the

Official Memorandum dated 03.08.2017 creates rights of vested and

legitimate expectations to the petitioners and after the amendment of the main

Act, they issued clarification. In this context, it is relevant to rely the

judgment of Hon'ble Supreme Court in Ahmedabad (P) Primary Teachers'

Assn. vs. Administrative Officer reported in (2004) 1 SCC 755, wherein the

https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/07/2025 07:05:58 pm ) W.P. Nos.143, 144, 146 and 558 of 2022

Hon'ble Supreme Court held that the Gratuity is an amount paid unconnected

with any consideration and not resting upon it, and has to be considered as

something given freely, voluntarily or without recompense. It is sort of

financial assistance to tide over post-retiral hardships and inconveniences.

Therefore, in view of the above, gratuity can never be linked to the

profitability or financial performance of the 2nd respondent.

11. Since the Official Memorandum dated 03.08.2017 was issued

much earlier, the 'affodability' has no role to play in awarding enhanced

payment of Gratuity to the petitioners by referring the subsequent Official

Memorandum, which was issued long back in the month of July 2018, that

too by way of modification, after amendment of the Payment of Gratuity Act.

Therefore, the Payment of Gratuity Authorities are wrong in holding that

there is a loss caused to the 2nd respondent company during the period of

preceeding years prior to 2017-18 and the same cannot be accepted.

12. It is also not disputed that based on the Official Memorandum

dated 03.08.2017, the other CPSEs viz., NLL, BHEL have paid the enhanced

Gratuity amount to the persons, who retired from service during the period

https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/07/2025 07:05:58 pm ) W.P. Nos.143, 144, 146 and 558 of 2022

between 01.01.2017 and 28.03.2018. Thefore, these petitioners, who are the

employees of CPSEs cannot alter their legitimate expectation based on the

subsequent Official Memorandum and the affordability criteria is violative of

Article 14 of the Constitution of India. Therefore, the order passed by the

Payment of Gratuity Authorities declining to enhance the Gratuity amount

from Rs.10 lakhs to Rs.20 lakhs is against law and the same are liable to be

quashed.

13. As far as the Clause 2(a) in clarification Official Memorandum

dated 10.07.2018 is concerned, it is against law and the same is quashed.

Since the affordability clause is quashed in the Clarification Official

Memorandum, the petitioners are entitled to the enhanced gratuity amount of

Rs.20 lakhs.

13. Accordingly, these Writ petitions are allowed. The Official

Memorandum dated 10.07.2018 issued by the 1st respondent to the extent "it

makes the payment of the enhanced gratuity under the Official Memorandum

dated 03.08.2017 subject to the 'affordability' of the CPSEs concerned

effective for the period from 01.01.2017 to 28.03.2018", is quashed and the

https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/07/2025 07:05:58 pm ) W.P. Nos.143, 144, 146 and 558 of 2022

order dated 01.11.2021 in Gratuity Appeal Nos.5, 7-10 / 2021 and the order

dated 31.03.2021 in Gratuity Appeal Nos.74, 75, 77, 78, 80-82, 87, 88, 90 and

92 / 2020 are set aside and the petitioners are entitled to the enhanced

Gratuity amount of Rs.20 lakhs as per the Official Memorandum dated

03.08.2017. There shall be no order as to costs. Consequently, the

connected miscellaneous petitions are closed.

30.06.2025

Index : Yes/No Speaking order/non-speaking order mjs

To

1. Ministry of Finance Department of Public Enterprises, represented by its Under Secretary, Lodi Road, CGO Complex, Block No.14, New Delhi - 110 003.

2. Madras Fertilizers Limited, represented by its Chairman & Managing Director, Manali, Chennai - 600 068.

3. Deputy Chief Labour Commissioner (Central), Office of the Deputy Chief Labour Commissioner (Central), 5th Floor, Shastri Bhawan, Chennai - 600 006.

P. DHANABAL, J.,

mjs

https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/07/2025 07:05:58 pm ) W.P. Nos.143, 144, 146 and 558 of 2022

4. Department of Fertilizers, Ministry of Chemicals and Fertilizers, represented by its Secretary, Shastri Bhawan, New Delhi- 110 001 (INDIA)

W.P. Nos.143, 144, 146 and 558 of 2022

30.06.2025

https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/07/2025 07:05:58 pm )

 
Download the LatestLaws.com Mobile App
 
 
Latestlaws Newsletter
 

Publish Your Article

 

Campus Ambassador

 

Media Partner

 

Campus Buzz

 

LatestLaws Guest Court Correspondent

LatestLaws Guest Court Correspondent Apply Now!
 

LatestLaws.com presents: Lexidem Offline Internship Program, 2026

 

LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!

 
 

LatestLaws Partner Event : Smt. Nirmala Devi Bam Memorial International Moot Court Competition

 

LatestLaws Partner Event : IJJ

 
 
Latestlaws Newsletter