HIGH COURT OF BOMBAY
MAHARASHTRA GRAMIN BANK, HEAD OFFICE, NANDED – Appellant
Versus
DAYANAND WAMANRAO WAGHMARE AND OTHERS – Respondent
WP 3910/2014
['PATIL MILIND M BEEDKAR', 'R/ SERVED', '', 'BIRADAR R D', 'R/ SERVED', 'R NO amp; DELETEDORDER DTD']
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