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G. NARENDAR, NYAPATHY VIJAY
Potti Sriramulu Nellore Dist. Co-op. Central Bank Ltd. – Appellant
Versus
S. Viswanath Reddy – Respondent
JUDGMENT
G.NARENDAR, J. - Heard Sri Siva Prasad Reddy Venati, Learned Counsel for the Appellants and Sri Syed Arif Basha, Learned Counsel and Learned G P (S-I) appearing for the Respondents.
2. The appellants, who are the employees of the District Cooperative Central Bank Ltd., are before this Court being aggrieved by the Order dtd. 10/5/2023 passed by the Learned Single Judge in W.P.No.44903 of 2018. The Learned Single Judge by the order impugned has been pleased to appreciate the following prayer.
"to issue an order or direction more particularly in the nature of Writ of Mandamus declaring the action of the 3rd respondent Bank in not paying the terminal benefits i.e., Gratuity for 20 months and Encashment of Earned Leave for 240 days to the petitioner after adjustment of amount already paid in accordance with Clause 3 of Memorandum of Intent dtd. 11/1/2013 as illegal, arbitrary, unjust and violative of Articles 14, 19 and 21 of the Constitution of India and consequently direct the 3rd respondent Bank to pay the amount of Rs.6, 37, 631.00 (Rupees Six Lakhs Thirty Seven Thousand Six Hundred Thirty One), due towards the balance amounts of Gratuity and Encashment of Earned Leave, paya
The court ruled that the computation of gratuity dues is under the jurisdiction of the Controlling Authority, making a Writ Petition not maintainable when an alternative remedy exists.
Writ petitions are not maintainable when an alternative statutory remedy exists under the Payment of Gratuity Act for resolving gratuity disputes.
Special Category Assistants who have completed 5 years of service in a DCCB are eligible for terminal benefits as per the service regulations of the DCCB, including gratuity and leave encashment, fro....
The central legal principle established is that gratuity, as a retirement benefit, must be determined and paid to eligible employees in a timely manner as mandated by The Payment of Gratuity Act, 197....
Gratuity is exempt from attachment and cannot be withheld pending surcharge proceedings under the A.P. Cooperative Societies Act, 1964.
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