Facts of the Case

Andhra Pradesh Grameena Vikas Bank (APGVB) filed this writ petition challenging an order of the Appellate Authority under the Payment of Gratuity Act, 1972, dated 12.10.2021, which had upheld a direction to pay a differential gratuity amount of Rs. 7,24,378/- to a former employee, respondent no. 4, under the applicable service regulations read with Section 4(5) of the Payment of Gratuity Act, 1972. This has no GST content whatsoever — it is a purely a service-law dispute over gratuity computation between a bank and a former employee.

Issues Involved

  1. Whether the differential gratuity amount awarded to the employee was payable under the applicable service regulations and the Payment of Gratuity Act.

Petitioner's Arguments

  • Not argued on merits — counsel for the petitioner-bank sought to withdraw the writ petition when the matter was taken up.

Respondent's Arguments

  • Not recorded — the matter did not proceed to a contested hearing on merits.

Court Order / Findings

  • Counsel for the petitioner sought permission to withdraw the writ petition, which was granted.
  • The writ petition was dismissed as withdrawn, with no order as to costs, and all pending miscellaneous petitions were closed.

Important Clarification

This order records only a withdrawal — it establishes no legal principle on gratuity computation or on GST, and readers should not infer any outcome on the merits of the underlying gratuity dispute, which was never argued before the Court.

Sections Involved

  • Payment of Gratuity Act, 1972, Section 4(5)
  • Constitution of India, Article 226

Decision – In Favour of

Disposed of without a decision on merits — dismissed as withdrawn at the petitioner-bank's own request.

Case Details

  • Court: High Court for the State of Telangana, Hyderabad
  • Case Number: Writ Petition No. 29529 of 2021
  • Coram: Justice K. Sarath
  • Date of Order: 27.04.2023

Link to Download the Order

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