1. The short question in this writ petition is whether an employee of a Nationalised Bank who has been dismissed from service is entitled to gratuity. The answer will depend on the concept of gratuity and the impact of the statutory provisions.

2. The petitioner, a senior Manager, Canara Bank, was dismissed from service on 29-9-1981. He thereafter applied for disbursement of his terminal benefits. He has received the full provident fund; but was denied the gratuity claimed by him. He was informed as per Ext. P5 issued by the Personnel Administration Section thus:

"Under Canara Bank Officers' Service Regulations gratuity is payable only on retirement, death, disablement and resignation after completing 10 years of service. Hence, the same is not payable in your case."

3. This was reiterated in Ext. P7. The petitioner prays for quashing Exts. P5 and P7 and for consequential reliefs.

4. The Canara Bank is now a Nationalised Bank, coming within the purview of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, Act 5 of 1970. It is not disputed that it is a "State" within the meaning of Art.12 of the Constitution and that it is amenable to the writ juris