First of all thanks to the Lawyers Club and the Lawyers specifically who helped me with their valuable guidance to fight my gratuity case against employer. Now it is in the final stage.
There is dispute between me and the Controlling Authority about the Salary to be taken into consideration for calculation of gratuity.
My salary on 01/02/2014 was Basic pay + 90% D.A.
My last salary was for the month of March 2014 for 11 days only. During April/May 2014, 10% increase in D.A. with effect from 01/01/2014 was declared by government. Hence from 01/01/2014, the effective D.A. was 100% of Basic Pay. All employees on duty that time are given the effect and are paid arrears for increase in D.A. during salary of May 2014.
My services were terminated before the declaration of increase in D.A. hence employer has not paid the arrears to me despite of my several requests. Now while calculating the gratuity, the Controlling Authority has considered salary as Basic Pay + 90% D.A., as per last February 2014 pay slip.
I have appealed against the Order( Direction for Payment) to Appellate Authority to justify that Basic pay + 100% D.A. should be considered as my salary, “ the payable salary”, for calculation of Gratuity irrespective of the fact that the employer has not paid me the arrears.
Kindly guide me whether my demand to consider D.A. as 100% , the effective D.A. from 01/01/2016, when I was on duty, is justifiable or not for the calculation of gratuity.
