RAM PRAKASH AGARWAL Vs. CENTRAL CO OPERATIVE BANK LTD
LAWS(RAJ)-2007-10-32
HIGH COURT OF RAJASTHAN
Decided on October 25,2007

RAM PRAKASH AGARWAL Appellant
VERSUS
CENTRAL CO-OPERATIVE BANK LTD Respondents

JUDGEMENT

- (1.) BY way of filing the present writ petition, the petitioner has prayed for directions to the respondents to make payment of gratuity plus remaining salary to the tune of Rs. 1,75,550. Further, he has prayed for interest on due amount at the rate of 24% per annum w. e. f. April 30, 1993 as well as Rs. 50,000/- for harassment suffered by him due to non-payment of his dues.
(2.) ACCORDING to the facts of the case mentioned in the writ petition, the petitioner was employed with the respondent-Bank on december 1, 1959 and he continued in service and ultimately after rendering services of 33 years and four months, he was superannuated on March 31, 1993. According to the petitioner before retirement, he submitted requisite form demanding gratuity under sub-rule (1) of Rule 7 of the Gratuity Rules. However, no payment of gratuity was made to the petitioner. It is further submitted that petitioner's salary was Rs. 2190/- plus dearness allowance at the time of his retirement, therefore, as per last pay drawn by him, he calculated his gratuity as Rs. 1,74,050 and the same was to be paid on March 31, 1993 but in spite of repeated requests, reminders and personal approaches having been made, he has not been paid the amount of gratuity. It is also prayed that in addition to the said amount of gratuity, petitioner's salary of rs. 1500/-was also not paid to him.
(3.) UPON representation filed by the petitioner, the Managing Director of the Bank as well as President of Bank also issued direction for payment of due amount of gratuity. In this regard, he has placed on record annexure-2 and 3 so also the fixation order.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.