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2014 (2) TMI 629 - KARNATAKA HIGH COURTDifference in payment of gratuity amount - Competent authority allowed the application filed by petitioner determining the total gratuity payable by the petitioner-corporation at Rs.4,59,078/- and if not paid within 30 days simple interest at 10% p.a. was granted - Held that:- While arriving at the above period service of 4 years 6 months and 12 days rendered by third respondent has been deducted from out of the total number of years of service i.e., 33 years 5 months and 17 days and then arrived at active years of service at 28 years 11 months. Corporation also found that amount of gratuity payable under the Gratuity Act, was Rs.2,53,855/- and the gratuity payable under the regulation being more beneficial to the employee, said amount was determined. Controlling authority as well as appellate authority have rightly rejected the said contention of the corporation by taking into consideration the definition of the word Rs.continuous service' and holding that there is no interruption in service rendered by third respondent. Said finding is based on scrutiny of records and not being contrary to Exhibit R-1, I do not find any other good ground to interfere with the said finding in exercise of writ jurisdiction. In that view of the matter the finding of the controlling authority by taking active years of service at 33 years 5 months deserves to be accepted. Petitioner Corporation shall ascertain from the office of the Commissioner of Income Tax, the income tax deductable on the gratuity amount prevalent during the said relevant period and pay the balance amount to third respondent from out of the amount already deposited before the controlling authority - However, Controlling authority shall forthwith pay the difference of gratuity in so far as active years of service is concerned and amount that has been deducted towards group insurance and identity card charges as determined herein above to the third respondent forthwith - Decided partly in favour of petitioner.
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