Honble Prakash Krishna, J.—Raising a somewhat interesting question the present writ petition has been filed. The question involved in the present petition is regarding the applicability of Payment of Gratuity Act, 1972 (hereinafter referred to as the Act) and the U.P. Nagar Mahapalika Non-Centralized Services Retirement Benefit Regulations, 1984 (hereinafter referred to as the Regulation) with respect to employees of Nagar Mahapalika Non Centralized Services.

2. The facts of the case are not much in dispute. Ram Saran Ruhela, the respondent No. 3, who was working with the petitioner was placed under suspension, charge-sheeted and his services were terminated vide order dated 8th of January, 1991. He was dismissed by the order dated 8th December, 1995. The said order was modified by the appellate authority and dismissal was substituted by an adverse entry and stoppage of two increments. The matter came up before this Court in two writ petitions being writ petition Nos. 1998 of 1996 and 7140 of 1996. Both the writ petitions were clubbed together and were decided by a common judgment dated 15th of October, 2003. It was held by this Court that the contesting respondent he