- (1.) THIS is a petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash the order dated 10th March, 1972 passed by the Labour Court, Allahabad, on an application made by the petitioner under Section 6h (2) of the U. P. Industrial Disputes Act, 1947, hereinafter referred to as the Act.
(2.) THE petitioner Shanker Swamp Saxena was a clerk in the employment of the Allahabad District Co-operative Bank Ltd. , Allahabad. He retired from the Bank services on 1-12-1967. Thereafter his services were maintained even after retirement for 21 months with the result that he continued in the service of the Bank and was finally relieved on 30th September, 1969. On 22nd February, 1966 a settlement was arrived at between the Bank and the U. P. Bank Employees' Union, Lucknow on behalf of all the employees of the said Bank. By virtue of Clause (7) of this agreement the Bank was liable to pay gratuity to their employees at the retirement on the age of 58 years of service one month pay and allowances for each year of service of an employee with a maximum of 20 months of his wages. The Bank thereafter issued a notice dated 13th May, 1966 to all its employees informing them of the settlement and sought their consent and signatures on the said settlement. The petitioner gave his consent to the said settlement and thereafter also affixed his signatures on the said document.
(3.) AFTER retirement the petitioner demanded gratuity in accordance with the terms of the agreement but since the Bank did not pay the same the petitioner moved an application under Section 6h, Subclause (2) of the Act before the Labour Court, Allahabad for computing the gratuity payable to the applicant and for issue of a direction for payment of the same to the petitioner. The Labour Court by its order dated 10th March, 1972 rejected the application under Section 6h (2) of the Act solely on the ground that since the settlement dated 22nd February, 1966 was not registered it was not valid settlement in law arrived at between the parties in respect of gratuity and as such the petitioner could not claim any gratuity from the Bank. The Labour Court also held that there was no completed contract of service between the petitioner and the Bank in relation to the payment of gratuity and as such the amount was not payable to the petitioner. Aggrieved the petitioner has filed the present petition against the said order.;