( 1 ) THIS appeal is directed against a judgment and order dated 31. 5. 90 passed by a learned single Judge of this court whereby and whereunder the writ petition filed by the petitioner claiming, inter alia, the following reliefs were allowed. " (A) a Writ of declaration declaring the petitioner was in continuous service since 17th September 1973 till 21st July 1987 as an Officer of Bank of India; (b) a Writ in the nature of Mandamus commanding upon the respondents not to withhold any payment of Gratuity and Provident Fund dues of the petitioner as an Officer of the Bank of India. "

( 2 ) THE fact of the matter lies in a very narrow compass.

( 3 ) THE appellant bank was nationalised in terms of the banking Companies (Acquisition and Transfer of Undertakings) Act, 1970. Section 21 of the said Act was brought into force under section 1 (2) of the said Act on 19. 7. 69. The Board of Directors, in terms of the aforementioned provisions, are entitled to frame regulation relating to service conditions of officers of the bank and also empowered to make regulation for establishing and maintaining pension and gratuity fund for officers of the bank. Admittedly, on 7. 8. 73