Sri Manik Lal Sutradhar vs Tripura Road Transport ...
2021 Latest Caselaw 32 Tri

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                      HIGH COURT OF TRIPURA
                            AGARTALA
                           WP(C) No.775/2020

Sri Manik Lal Sutradhar
                                                           ----Petitioner(s)
                                    Versus
Tripura Road Transport Corporation and another
                                                         -----Respondent(s)

For Petitioner(s) : Mr. Kawsik Nath, Advocate.

For Respondent(s) : Mr. K.C. Bhattacharjee, Advocate.

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI

Order

06/01/2021

Heard learned counsel Mr. Kawsik Nath for the petitioner and

Mr. K.C. Bhattacharjee for the TRTC.

Petitioner retired from the services of TRTC on superannuation

w.e.f. 31.12.2019. As per his service and last pay drawn, according to him,

he was entitled to gratuity amount of Rs.13,71,923/-. The employer paid

Rs.10,00,000/- by applying the ceiling prevailing previously. Case of the

petitioner is that by virtue of amendment in the Payment of Gratuity Act,

1972 w.e.f. 29.03.2018 the ceiling is revised to Rs.20,00,000/-. Since the

petitioner retired after the said amendment the revised ceiling should have

been applied in his case. Petitioner brings to my notice an order dated

20.02.2020 in case of Lal Zakim Rokhum vrs. Tripura Road Transport

Corporation & another in WP(C) No.1209 of 2019 in which under similar

circumstances directions were given to release the remaining amount of

gratuity.

Respondents shall examine the case of the petitioner and if it is

found that these facts are similar to the judgment in case of Lal Zakim

Rokhum (supra), give him the same benefits. For such purpose, this petition

may be treated as a representation. Final decision and payment, if required

with interest as provided in case of Lal Zakim Rokhum (supra) shall be

completed within four months from date of receipt of a copy of this order

along with the petition which the petitioner shall supply to the authorities.

Petition disposed of accordingly.

(AKIL KURESHI), CJ

Pulak