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2012 Supreme(Kar) 293

B.V.NAGARATHNA, VIKRAMAJIT SEN
Syndicate Bank, Manipal, Udupi Taluk, – Appellant
Versus
Y. R. Shenoy – Respondent


Advocates appeared:
For the Appellants:Pradeep S. Sawkar, M/s. Sundaraswamy Ramdas, Anand, Advocates. For the Respondents:N. Nagaraja Rao, for Harikrishna, S. Holla, M.N. Prasanna, P.S. Rajagopal Advocates, D.L.N. Rao, Senior Counsel.

Judgment :-

Vikramajit Sen, C.J.

1. The writ petitioners who are respondents before us, were Bank Officers who had retired between 01.07.1993 and 31.10.1994. The Five Year Bipartite Settlement had by then expired on 01.11.1992. After extensive parleys a Joint Note dated 23.06.1995 was signed on the ‘Conclusion of Discussions between Indian Banks Association and the Officers’ Organisation’. Clause 7 thereof dealt with Gratuity and stipulated thus-“As the consensus reached, gratuity computed in terms of the Officers’ Service Regulations to be now amended shall be recalculated and difference paid only to such eligible officer employees who cease to be in the Bank’s service on or after 01.11.1994. No arrears on account of gratuity shall be payable to officers who ceased to be in Bank’s service prior to 01.11.1994.” The writ petitioners have successfully challenged the treatment meted out to them as they have been placed beyond the purview of the Settlement which according to them is discriminatory and violative of Article 14 of the Constitution of India. As per Regulation 4(1) although they were entitled to the benefits of revision of payscales, by operation of Joint Note dated 23.06.19





















































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