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2023 Supreme(Cal) 525

RAJA BASU CHOWDHURY
Ravi Shankar Malani – Appellant
Versus
State Bank of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms. Sanjukta Dutta
For the Respondent: Mr. S. Pal Chowdhury

JUDGMENT :

Raja Basu Chowdhury, J.

1. Affidavit of service filed in Court today is taken on record.

2. The present writ application has been filed, inter alia, praying for disbursal of interest in favour of the petitioner, consequent upon determination of gratuity payable to the petitioner under the Payment of Gratuity Act, 1972 (hereinafter referred to as the “said Act”).

3. The petitioner claims to be a Chartered Accountant and was appointed in the respondent bank on contractual basis vide appointment letter dated 12th November, 2008. Although, the initial appointment of the petitioner was for the period from 14th November, 2008 to 13th November, 2011, the same was, however, subsequently renewed from time to time by the respondent bank.

4. On 30th June, 2017, the petitioner had submitted his resignation to the respondent bank after having rendered a continuous service for a period of 8 years 7 months and 16 days i.e. between 14th November, 2008 to 30th June, 2017. Following such resignation, the petitioner applied in Form ‘I’ under the provisions of the said Act for disbursal of gratuity in his favour.

5. Since the respondent bank did not disburse the gratuity, the petitioner had

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