JUDGMENT :

Raja Basu Chowdhury, J.

1. The present writ petition has been filed, inter alia, challenging the determination made by the Controlling Authority vide order dated 29th December, 2011 under the Payment of Gratuity Act, 1972 (hereinafter referred to as the “said Act”).

2. The petitioner is a Cooperative Society, carrying out banking functions in the name and style of Howrah District Central Cooperative Bank Limited (hereinafter referred to as “the Bank”).

3. The respondent no.5 is an ex-employee of the bank. The said respondent had admittedly joined the bank on 19th April, 1969 and after serving the bank for a period of 33 years and 8 months, had been superannuated from service.

4. According to the petitioner, immediately after the retirement of the respondent no.5 all his terminal benefits, inter alia, including gratuity was disbursed in favour of the respondent no.5 and at the relevant point of time the gratuity and other terminal benefits of the employees of the bank were calculated on the basis of the recommendation of Krishnamurthy Committee. Unfortunately for the petitioner, the respondent no.5 despite appropriating the gratuity had filed an application in Form N before th