J.J.MUNIR,J. - (1.) Heard Sri Sanjay Kumar Tripathi, learned counsel for the petitioner in the present writ petition and in connected matters and Sri Sudhanshu Narain, learned counsel appearing on behalf of respondent-employee No. 1 here, and on behalf of each of the respondent-employees in connected matters. Learned Standing Counsel has been heard on behalf of respondent Nos. 2 and 3 here and, likewise, on behalf of the State-respondents in the connected writ petitions.
(2.) The question involved in the present writ petition as well as all other connected matters is whether the Nagar Mahapalika Gorakhpur "Akendriyat - Sevanivratti Labh Viniyam, 1990" framed under Section 458 (1)(f) of the U.P. Municipal Corporations Act, 1959 would prevail in the matter of payment of gratuity to employees of the Nagar Mahapalika, Gorakhpur over the provisions of the Payment of Gratuity Act, 1972?
(3.) Respondent No. 1, Lal Bahadur Singh was appointed with the Nagar Nigam Gorakhpur on 27.03.1973, as a Safai Supervisor. He retired from the said post upon attaining the age of superannuation on 31.03.2006, completing 33 years of service. He retired from the post of a Safai Supervisor. The respondent was paid gratuity in the sum of Rs. 66,175/-, in accordance with the provisions of Nagar Mahapalika, Gorakhpur "Akendriyat Seva Labh Viniyam 1990" (for short, the 'Regulations'). Respondent no. 1 (for short the 'Employee') claimed that he was entitled to payment of gratuity under the Act that would reckon to a figure of Rs. 1,31,974/-; instead, he had been paid gratuity under the Regulations, in the sum of Rs. 65,175/-. He, therefore, claimed the difference between his entitlement under the Act and the sum paid to him by the petitioner, Nagar Nigam Gorakhpur (for short, the 'Employer') on that count under the Regulations, together with interest @ 12% per annum. The claim of the petitioner to gratuity aforesaid was registered on the file of the Controlling Authority, Payment of Gratuity Act as PG Case No. 56 of 2006. The aforesaid claim was made through an application dated 31.07.2006.;