Dr. Devendra Kumar Arora, J. - (1.) Heard Mr. Lalit Shukla, learned Counsel for the Bank-petitioners and Mr. Parveen Bhatnagar (third respondent)-in-person.
(2.) Through this writ petition under Article 226 of the Constitution of India, petitioners have inter-alia challenged the order dated 27.02.2015/12.03.2015 passed by Controlling Authority under Payment of Gratuity Act, 1972 & Regional Labour Commissioner (Central), Lucknow, whereby Bank-respondent has been directed to pay a sum of Rs.12,58,333/- to third respondent, namely, Sri Praveen Bhatnagar towards gratuity and interest thereupon. Petitioners have further challenged the Appellate Order dated 12.08.2015/19.08.2015, whereby the Deputy Chief Labour Commissioner, Kanpur/Appellate Authority under Payment of Gratuity Act, 1972 returned the appeal filed by the Bank along with demand draft on the ground that the appeal has been filed beyond the period of limitation.
(3.) Submission of learned Counsel for the petitioners is that petitioners-Bank of Baroda is a Nationalized Bank constituted under the Banking Companies (Acquisition & Transfer of Undertakings) Act, 1970. Sri Praveen Bhatnagar (third respondent), who was the Manager of Assets Recovery Branch, Vibhuti Khand, Gomti Nagar, Lucknow, attained the age of superannuation on 31.07.2012. During the service period, third respondent was subjected to disciplinary proceedings in a case of fraud which ultimately culminated into imposition of penalty vide order dated 8.1.2007 and awarded punishment of reduction of his basic salary by two stages in the time scale of pay for a period of two years and during the period of such reduction, he will not earn his normal annual increment, if any, and on the expiry of such period the reduction will have the effect of postponing his future increments. Apart from the disciplinary proceedings, Sri Praveen Bhatnagar was also prosecuted by the Central Bureau of Investigation (in short 'CBI') under Section 420 IPC.;