- (1.) The petitioners-appellants retired serving in Fatehpur District Cooperative Bank Ltd.-a Cooperative Society registered under the U.P. Cooperative Societies Act, engaged in the business of banking, under the Banking Regulation Act, 1954, (the Bank) with its area of operation in the State of UP. In these Special Appeals they have assailed the judgement delivered by learned Single Judge on 5.7.2005, by which he dismissed the writ petitions filed by them challenging the orders passed by the Prescribed Authority, under the Payment of Gratuity Act, rejecting their applications for payment of gratuity calculated at one month's salary (inclusive of dearness allowance) for every completed year of service and interest thereon @ 18% on account of delay in payment of the total amount.
(2.) All the appellants retired sometimes in the year 1995 on attaining the age of superannuation. The Bank sent letters to them accepting its liability to pay gratuity to them calculated at the rate of 15 days wages per completed year of service rendered by them for the Bank. The petitioners addressed their replies to the bank making a grievance that the details of the amounts have not been mentioned, with a protest that the gratuity should be calculated at the rate of one month's wages per completed year of service. The bank did not accept the request and credited the gratuity calculated at 15 days' wages per year of service to the bank accounts of the petitioners, giving rise to their representation and applications before the Prescribed Authority, Payment of Gratuity Act, which were rejected. Some of the appellants filed writ petitions, which were dismissed giving rise to these intra-court appeals.
(3.) It was submitted before learned Single Judge that the respondent-bank had entered into an agreement with its employees and had passed a resolution that the amount of gratuity will be paid at the rate of one month's wage inclusive dearness allowance per year of service to the workmen. The payment of the lesser amount amounts to an unfair labour practice. The bank decided to negotiate the matter with the union of the employees and sent a letter on 11.1.1996 convening a meeting. Since nothing happened in the meeting on 27.1.1996, the union of the employees of the bank sent a letter on 27.1.1996 reminding the bank of an agreement, which was reached in the year 1966. The settlement was made part of the award of the Industrial Tribunal known as ''Joshi Award' which remained operative for three years with effect from the date of award and continued thereafter as it was not superseded by any subsequent settlement or award.;