Common Order

1. Whether the Regulation framed by the Indian Bank in relation to postponement of payment of gratuity until the conclusion of the disciplinary action or criminal case as the case may be is constitutionally valid? and whether Regulation 46(2) of the Indian Bank (Employees) Pension Regulations, 1995 is ultravires of Section 4(6), 13 and 14 of the Payment of Gratuity Act, 1972? is the question that arise for consideration in this batch of writ petitions.

2. The petitioners in this batch of writ petitions are either workers in the clerical cadre or officer cadre and were reaching the age of superannuation on different dates. They were also facing serious criminal cases in various crime numbers before the Special Court constituted. Since they reached the age of superannuation pending disciplinary action, it was postponed due to the pendency of the criminal cases and were paid provisional pension under Regulation 46(1). But with reference to gratuity, they were not paid gratuity under the Indian Bank Employees Gratuity Fund.

3. The following table will show the number of the writ petition, name of the petitioner, their designation, the date of reaching the age o