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2020 Supreme(Bom) 135

MANISH PITALE
Vidarbha Konkan Gramin Bank – Appellant
Versus
Appellate Authority, Under Payment of Gratuity Act, 1972 And Deputy Chief Labour Commissioner (C), Nagpur – Respondent


Advocates:
Advocate Appeared:
Anand Jaiswal, Advocate, R.M. Tahaliyani, Advocate

JUDGMENT :

MANISH PITALE, J.

1. These two writ petitions give rise to identical questions raised on behalf of the petitioner Vidarbha Konkan Gramin Bank and hence both the writ petitions are being disposed of by this common judgment and order.

2. The question that arises for consideration in these writ petitions is, as to whether the contesting respondents (respondent No.2 in both the writ petitions) are entitled to payment of gratuity under the provisions of Payment of Gratuity Act, 1972 (hereinafter referred to as the 'Act of 1972') or under the Vidarbha Gramin Bank, Officers and Employees Service Regulations, 2013, issued by the Board of Directors of the said Bank under section 30 of the Regional Rural Banks Act, 1976. While the petitioner Bank claims that the contesting respondents are entitled to payment of gratuity under the provisions of the Act of 1972 with an upper ceiling of Rs.10,00,000/-, the contesting respondents have claimed that they are entitled to gratuity under the said Regulations without any such ceiling. The contesting respondents further claim that even under the said Regulations, for calculating the amount of gratuity payable, dearness allowance and other allow

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