THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO.576 OF 2003 Dated: 26.3.2010 Between: Satti Sreerama Murthy .. PETITIONER AND 1. The Managing Director (FAC), A.S.M. Coop.Sugars Limited, Palakol, West Godavari District and others. ..RESPONDENTS This Court made the following: THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO.576 OF 2003 ORDER: The learned Counsel on both sides submit that the issue raised in this writ petition is in fact covered by judgment rendered by my learned brother Justice Sanjay Kumar in W.P.No.182 and 207 of 2004. The learned Judge has concluded the entire issue directing the respondents to re-compute the gratuity payable to the petitioners before him on the basis of the salary last drawn by them immediately prior to their retirement, in accordance with Section 4 (2) of the Payment of Gratuity Act of 1972 and shall pay the same with interest as per the provisions of the said Act along with earned leave salary so recomputed, from out of the amounts deposited with the Nationalized Bank. The learned Judge has directed to complete this exercise within a period of two months from the date of receipt of a copy of the said order. Heard the learned Counsel for the petitioner as well as the learned Government Pleader for Industries and Commerce. It is not in dispute that the writ petitioner had joined service in the Sugar Factory way back in 1965 and he had resigned from service on 15th October, 1999. Therefore, the last salary/wages drawn up as on 15th October, 1999 have to be taken into account and consideration for the purpose of calculating the gratuity under the Gratuity Act of 1972. Since this amount is liable to be paid to him and the same having not been paid so far is also liable to be paid with interest at the rate of 15% as specified by the Government through their notification S.O. 1032 (E), dated 1.12.1987 in terms of Section 8 of the said Act. The leave encashment amount payable to the petitioner is also liable to be recalculated taking into account and consideration the last salary/wages drawn up as on 15th October, 1999 and the differential amount if any is also liable to be paid. The respondents are therefore directed to recompute the entire amount of gratuity and other benefits payable to the petitioner as directed supra, within a period of two months from the date of receipt of a copy of this order and settle the same within a further period of one month thereafter. The writ petition is accordingly allowed. No costs. ________________________________ Justice Nooty Ramamohana Rao Date: 26.3.2010 Nn. THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO.576 OF 2003 26.3.2010