BISWANATH SOMADDER,J. - (1.) The writ petitioner was an employee of Bankura Town Co-operative Bank Limited and retired from service on 31st March, 2011. The subject-matter of challenge in the instant writ petition is with regard to the inaction on the part of the authorities of the said Bank to release his retiral dues in respect of gratuity and leave salary.
(2.) The petitioner has stated that he is entitled to payment of gratuity under the Payment of Gratuity Act, 1972, as amended by the Payment of Gratuity (Amendment) Act, 2010, which has been brought into effect on and from 24th day of May, 2010. According to the learned advocate for the petitioner, upon such amendment coming into force, the writ petitioner, who had superannuated on 31st March, 2011, was entitled to an enhanced gratuity amount of Rs. 4,52,570/-. This calculation, appears in a note prepared on 1st December, 2011, by the Bankura Town Co-operative Bank Limited, which has been handed up by the learned advocate for the Bank, which may be kept on record. However, it is stated in the note that the maximum amount payable as per existing norms of the bank was Rs. 3,50,000/- as gratuity.
(3.) So far as leave salary is concerned, it appears that the sum due and payable to the writ petitioner has been computed as 90 days by the Bank, which appears from the same note. It is contended by the learned advocate for the petitioner that his client is entitled to a leave salary of 300 days in terms of clause 19 of the West Bengal Co-operative Societies Rules, 2011. The learned advocate representing the Bankura Town Co-operative Bank Limited has, however, drawn this Court's attention to Rule 106 of the same Rules and submitted that the method of recruitment and conditions of service of the officers and employees of cooperative societies shall, subject to the terms of specific contract enforceable by law and the provisions of any law for the time being in force, be as enunciated in Appendix to Chapter V of the said Rules. He submitted that in this regard the management of the Bank had entered into a contract with the Bankura Town Co-operative Bank Employees' Union wherefrom it would appear that the petitioner was entitled to leave salary for 90 days only.;