P. JYOTHIMANI, J.

1. The appeal is directed against the order of the learned Judge dated 20.11.2007, passed in W.P.No.17591 of 2005, by which the learned Judge has dismissed the writ petition.

2. The facts leading to the filing of the writ petition are that the third respondent joined in the appellant bank on 30.12.1957 and he retired as an Officer on 35. 1994. According to the appellant bank, he was paid gratuity of Rs.1 lakh as per section 4(3) of the Payment of Gratuity Act, 1972 (in short, "the Act"), which was the maximum payable at the time of retirement of the third respondent, since the amount payable as gratuity as per the bank Scheme was less beneficial.

2(a). It appears that there was a Settlement between the Indian Banks Association representing the management and the Apex Level Officers Association on 26. 1995. As per the Settlement, the revision of salary to the employees was given with retrospective effect from 7. 1993. It is admitted that the appellant has paid the arrears of salary as per the salary revision to the third respondent from 7. 1993 till 35. 1994. As per the Settlement, in respect of payment of gratuity, the benefit of revised salary would be tak