( 1 ) THE only question which arises in this appeal by the Central Bank of India which has been directed by the learned Civil Judge (S. D.) Surendranagar in Special Civil Suit No. 47 of 1973 to pay to its ex-employee respondent plaintiff G. M. Jani a sum of Rs. 8 800 in connection with his Provident Fund dues and Rs. 14 0 in connection with his claim for gratuity is as to whether the learned trial Judge was in error in negativing the plea of the appellant Bank that it was entitled to withhold the aforesaid amounts. The suit giving rise to the appeal was instituted by the plaintiff an ex-officer of the Bank seeking a declaration that an order of dismissal from service passed by the Bank on Sept. 13 1969 was illegal and ultra vires. The plaintiff also prayed for consequential reliefs. The plaintiff also claimed that he was entitled to be paid a sum of Rs. 8 800 which was at his credit in his Provident Fund Account and a sum of Rs. 14 0 in connection with gratuity. The defendant Bank in its written statement contended the plaintiff was not entitled to the payment of the Provident Fund amount and the gratuity amount without disclosing the legal basis for withholding th