SANJIB BANERJEE
Rebati Ranjan Ray – Appellant
Versus
United Bank of India – Respondent
Sanjib Banerjee, J.
The petitioner has been dismissed from service under the United Bank of India Officer Employees’ (Discipline & Appeal) Regulations, 1976. The order of punishment emphasised that the petitioner’s dismissal would be a disqualification for future employment.
2. The order of punishment has been upheld in appeal and the petitioner does not question the same in the present proceedings.
3. The grievance of the petitioner is that the gratuity that was mandatorily payable to the petitioner under the Payment of Gratuity Act, 1972 has been disallowed.
4. The petitioner questions the propriety of an order passed by the appellate authority under the said Act of 1972. The petitioner refers to Section 14 of the said Act of 1972 which provides that the provisions of such Act or any rule made thereunder “shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument or contract having effect by virtue of any enactment other than this Act.”
5. The petitioner questions the validity and propriety of Regulation 46 of the Service Regulations in so far as a clause therein mandates that “termination of service
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