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2005 Supreme(All) 1116

SHISHIR KUMAR
DEV RAJ SINGH – Appellant
Versus
FATEHPUR DISTRICT CO-OPERATIVE BANK LTD. – Respondent


Advocates Appeared:
Suman Sirohi

( 1 ) AS the similar questions of law and facts are involved in the aforesaid writ petitions, therefore, they are being decided together.

( 2 ) BY means of the present Writ Petition (27256 of 1996) the petitioner, has approached this Court for issuing a writ of mandamus directing the respondent-Bank to pay to the petitioners gratuity calculated at the rate of one month wages (inclusive of dearness allowance)per year of the service and also interest at the rate of 18% on the ground of delay in the payment of the total money due to the petitioner.

( 3 ) THE controversy involved in the present writ petition is that whether payment of gratuity on the retirement of the petitioner was payable at the rate of one month wages per year service or it was payable at the rate of 15 days wages per year of service as provided in the Payment of Gratuity Act, 1972. It may be stated that the state Government in exercise of its powers under Section 4-K of the Industrial Disputes act, 1947 (hereinafter referred to as the U. P. Act), had referred the matter for adjudication to the Industrial Tribunal at Allahabad, relating to the conditions of service of the employees of the various Co-operative Banks





















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