JUDGMENT :

1. Heard Sri Sanjay Kumar Tripathi, learned counsel for the petitioner in the present writ petition and in connected matters and Sri Sudhanshu Narain, learned counsel appearing on behalf of respondent-employee No. 1 here, and on behalf of each of the respondent-employees in connected matters. Learned Standing Counsel has been heard on behalf of respondent Nos. 2 and 3 here and, likewise, on behalf of the State-respondents in the connected writ petitions.

2. The question involved in the present writ petition as well as all other connected matters is whether the Nagar Mahapalika Gorakhpur “Akendriyat – Sevanivratti Labh Viniyam, 1990” framed under Section 458 (1)(f) of the U.P. Municipal Corporations Act, 1959 would prevail in the matter of payment of gratuity to employees of the Nagar Mahapalika, Gorakhpur over the provisions of the Payment of Gratuity Act, 1972?

3. Respondent No. 1, Lal Bahadur Singh was appointed with the Nagar Nigam Gorakhpur on 27.03.1973, as a Safai Supervisor. He retired from the said post upon attaining the age of superannuation on 31.03.2006, c