- (1.) This appeal is directed against a Judgment and order dated 31.5.90 passed by a learned single Judge of this court whereby and whereunder the writ petition filed by the petitioner claiming, inter alia, the following reliefs were allowed. "(a) a Writ of declaration declaring the petitioner was in continuous service since 17th September 1973 till 21st July 1987 as an Officer of Bank of India; (b) a Writ in the nature of Mandamus commanding upon the respondents not to withhold any payment of Gratuity and Provident Fund dues of the petitioner as an Officer of the Bank of India."
(2.) The fact of the matter lies in a very narrow compass.
(3.) The appellant bank was nationalised in terms of the banking Companies (Acquisition & Transfer of Undertakings) Act, 1970. Section 21 of the said Act was brought into force under section 1(2) of the said Act on 19.7.69. The Board of Directors, in terms of the aforementioned provisions, are entitled to frame regulation relating to service conditions of officers of the bank and also empowered to make regulation for establishing and maintaining pension and gratuity fund for officers of the bank. Admittedly, on 7.8.73 the writ petitioner/respondent No. 1 was appointed as a Probationary Officer of Bank of India for a year. He was confirmed as an officer of Bank of India. He started contributing to the provident fund. In the meantime, on 1.1.75. Gratuity Fund Rules were framed by the appellant bank. Rule 8 of the said Rules, which is relevant for the purpose of this case is set out herelnbelow : "8. Gratuity when payable and when may be forfeited subject to the provisions of the Payment of Gratuity Act, 1972, or any other law relating to the payment of gratuity to any class of employees or any part thereof,-- Gratuity as specified in Rule 9 shall be payable to an employee after he has rendered continuous service to the Bank- (a) for not less than five years in case of employees who are governed by the Payment of Gratuity Act, 1972, and (b) for not less than ten years in case of officers and other employees not governed by the said Act- (i) on his retirement or resignation, or (ii) on his death whilst in the service of the Bank, or (iii) on his incapacitation, to be certified by a medical practitioner acceptable to the Bank, to serve the Bank due to accident or continued ill-health or disease, or (iv) on termination of his service by the Bank: Provided that the completion of continuous service of five years or ten years as aforesaid shall not be necessary where the termination of the service of a member with the Bank is due to the reason mentioned. In clause (II) or (ill) or (Iv) of this Rule : Provided further that there will be no forfeiture of gratuity for dismissal on account of misconduct except in cases where such misconduct causes financial loss to the Bank and in that case to that extent only. Explanation.--For the purpose of this Rule, continuous service means uninterrupted service and Includes service which is interrupted by sickness, accident, leave, lay-off strike or a lock-out or cessation of work not due to any fault of the employee concerned, whether such uninterrupted or interrupted service was rendered before or after the commencement of these Rules.";