- (1.) IN this petition filed under Article 226 of the Constitution of India the petitioner prays for appropriate writs commanding the respondents not to withhold payment of his gratuity and provident fund dues. Facts leading to the filing of the petition are as under.
(2.) ON September 17, 1973, the petitioner joined the services of Bank of India, the respondent No. 1 herein, (hereinafter referred to as the 'bank') as a Probationary Officer in its Head Office at Bombay. On confirmation, he was posted in the Personal Department of the Bank, as an Officer thereof, at its Regional Office at Calcutta. While he was working there, the Head Office of the Bank issued a Circular on July 14, 1971 inviting applications from its Officers for recruitment to the posts of, among others, Industrial Relation Officers in the Personal Department at its various Centres. In that circular, it was stipulated, interalia, as under : "upon selection, such Officers will have to resign their present services and join as fresh recruits on probation and they will have no lien on their previous service during the period of probation. During the period of probation they will not contribute to the Bank's provident. " The circular further stipulated : "consequent to their resignation- (a) Accumulated leave, if any, will lapse : (b) Provident Fund will be paid back according to the prevailing rules (Re : Bank's Contribution) : (c) Gratuity, if any, will be paid, as per prevailing rules. "
(3.) THE petitioner responded to the above circular and consequent upon his selection, the Bank offered him the above post by its letter dated August 14, 1979 on terms and conditions detailed therein. Two of the terms thereof read as under : - " (a) Your appointment would be subject to the terms and conditions as set out in our Circular No. PERS : MRN : 78:24 of July 14, 1978 in terms of which your application was considered along with certain concessions as granted by the management subsequently, viz. , upon selection you will have to resign your present service and join as fresh recruit on probation and you will have no lien on your previous services during the period of probation. During the period of probation, you will not contribute to the Bank's Provident Fund ; (b) consequent to your resignation- (i) Provident fund will be paid back according to the prevailing rules (Re : Bank's Contribution) ; (ii) Gratuity, if any, will be paid as per prevailing rules. ";