Writ Petition No.2793/2014 with

W.P.Nos.3908/2014 & 3910/2014

:: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO.2793 OF 2014

The Chairman

Maharashtra Gramin Bank,

Head Office, Shivaji Nagar,

Nanded

…PETITIONER

VERSUS

1)

Sheshrao s/o Dnyandeo Gore,

Age 57 years, Occ. Nil,

R/o ‘Krushisampada’,

Sahyog Colony, Ring Road,

Latur

2)

The Controlling Authority

Under Payment of Gratuity Act, 1972

& Assistant Labour Commissioner (C),

Ramnagar, Chandrapur,

Maharashtra State

3)

The Appellate Authority

Under P.G. Act, 1972 &

Regional Labour Commissioner (C),

CGO Complex, Block-C,

Ist Floor, Seminary Hills,

Nagpur – 6 (M.S.)

… RESPONDENTS

.......

Shri M.M. Patil Beedkar, Advocate for petitioner

Shri R.D. Biradar, Advocate for respondent No.1

Shri Y.G. Gujarathi, A.G.P. for respondents No.2 & 3

....…

WITH

WRIT PETITION NO.3908 OF 2014

Maharashtra Gramin Bank,

Writ Petition No.2793/2014 with

W.P.Nos.3908/2014 & 3910/2014

:: 2 ::

Head Office, Shivaji Nagar,

Nanded, through its Chairman

…PETITIONER

VERSUS

1)

Vasant s/o Narsingrao Hadule

Age Major, Occ. Nil,

R/o C/o Shri D.R. Ambedkar,

Sahyog Colony, Near Shanimandir,

Ring Road, Latur, Tq. & ist. Latur.

2)

The Controlling Authority

Under Payment of Gratuity Act, 1972

& Assistant Labour Commissioner (C),

Ramnagar, Chandrapur,

Maharashtra State

3)

The Appellate Authority

Under P.G. Act, 1972 &

Regional Labour Commissioner (C),

CGO Complex, Block-C,

Ist Floor, Seminary Hills,

Nagpur – 6 (M.S.)

… RESPONDENTS

(Respondents No.2 & 3 deleted as per

order dated 18/7/2018)

.......

Shri M.M. Patil Beedkar, Advocate for petitioner

Shri R.D. Biradar, Advocate for respondent No.1

....…

WITH

WRIT PETITION NO.3910 OF 2014

Maharashtra Gramin Bank,

Head Office, Shivaji Nagar,

Nanded, through its Chairman

…PETITIONER

VERSUS

1)

Dayanand s/o Wamanrao Waghmare

Age Major, Occ. Nil,

Writ Petition No.2793/2014 with

W.P.Nos.3908/2014 & 3910/2014

:: 3 ::

R/o Triratna Ajnikar Niwas,

Bank Colony, Vikram Nagar,

Tq. & Dist. Latur (M.S.)-413531

2)

The Controlling Authority

Under Payment of Gratuity Act, 1972

& Assistant Labour Commissioner (C),

Chandrapur, Maharashtra State

3)

The Appellate Authority

Under P.G. Act, 1972 &

Regional Labour Commissioner (C),

CGO Complex, Block-C,

Ist Floor, Seminary Hills,

Nagpur – 6 (M.S.)

… RESPONDENTS

(Respondents No.2 & 3 deleted as per

leave granted by the Hon’ble Court

on 22/12/2015)

.......

Shri M.M. Patil Beedkar, Advocate for petitioner

Shri R.D. Biradar, Advocate for respondent No.1

....…

CORAM :

R. G. AVACHAT, J.

Date of reserving order : 17th February, 2021

Date of pronouncing order : 3rd March, 2021

O R D E R:

These three Writ Petitions are being decided by

this common order since common questions of facts and law

arise therein.

2.

The Maharashtra Gramin Bank (Bank), Nanded is

the petitioner in all these petitions. The respondent No.1 in

Writ Petition No.2793/2014 with

W.P.Nos.3908/2014 & 3910/2014

:: 4 ::

all these petitions (respondents) were officials of the Bank.

The respondent No.2 in all these petitions is the Controlling

Authority under Payment of Gratuity Act, 1972 (for short the

Act of 1972) while respondent No.3 is the Appellate Authority

under the Act of 1972.

3.

The respondents were subjected to separate

departmental enquiries. Charges framed against them have

been proved. The respondents, therefore, came to be

dismissed from service. The orders of their dismissal from

service have attained finality. The details thereof are as

under:-

W.P. Number

Respondent’s

name and

designation

Reason for

dismissal/

termination

Date of

dismissal/

termination

Date of filing

application

for payment

of gratuity

2793/ 2014

Sheshrao

Dnyandeo Gore,

Branch Manager

Defalcation and

misappropriation

of funds

17/12/2003

8/12/2011

3908/ 2014

Vasant Narsingrao

Hadule,

Branch Manager

Raising funds for

his Union,

Collecting /

accepting amounts

from customers/

borrowers of the

Branch in cash

and then

dep