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DEVENDRA KUMAR UPADHYAYA, MOHD. FAIZ ALAM KHAN
District Cooperative Bank Ltd. , Thru. Its Secy. Cum-Chief Executive Officer – Appellant
Versus
Anil Kumar Puri – Respondent
JUDGMENT :
1. This intra court appeal under Chapter VIII Rule 5 of Rules of the Court has been preferred by the appellant-District Cooperative Bank Ltd., Sitapur whereby judgment and order dated 24.12.2021 passed by learned Single Judge in Writ Petition No.15591 (S/S) of 2019 filed by the respondent herein (who was the petitioner before the learned Single Judge) has been allowed and the resolution of the Committee of Management of the appellant-Bank dated 07.10.2013 so far as the same relates to respondent-petitioner has been quashed and the appellant-Bank has further been directed to release and pay the amount of gratuity of Rs.6,17,905/-to the petitioner along with interest at the rate of 8% per annum with effect from the date of his retirement till the date of actual payment. Learned Single Judge has further directed that payment shall be made within six weeks from the date a copy of said judgment and order is produced before the authorities of the appellant-Bank concerned.
2. Heard Sri A.R. Khan, learned counsel for appellant and Sri Sudeep Seth, learned Senior Advocate assisted by Sri Sridhar Awasthi, learned counsel for respondent and perused the record available before us in t
The exercise of discretion under Article 226 of the Constitution of India in entertaining a writ petition, the absence of pension provision for a retired employee, and the applicability of cited judg....
Point of Law : It hardly needs to be emphasized that the executive instructions are not having statutory character and, therefore, cannot be termed as "law" within the meaning of aforesaid Article 30....
Gratuity cannot be withheld without termination of service as per the Payment of Gratuity Act.
Writ petitions are not maintainable when an alternative statutory remedy exists under the Payment of Gratuity Act for resolving gratuity disputes.
Retired employees are entitled to higher gratuity benefits under bank regulations which prevail over conflicting statutory provisions.
Gratuity is a statutory entitlement not subject to withholding after superannuation absent explicit legal grounds for forfeiture, emphasizing employee protection under the Act.
Secretary has no power to quantify and fasten the liability against an employee without recourse to the statutory procedure contained in Section 69 Kerala Co-operative Societies Act.
Employees are entitled to gratuity benefits under insurance policies that exceed statutory limits as per the Payment of Gratuity Act.
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