(1.) The Petitioner, who was an ex-Cashier of the Respondent, Primary Agricultural Cooperative Bank, filed the present Writ petition challenging the order passed by the Respondent, Special Officer dated 31.01.2008.
(2.) By the impugned notice, the Petitioner was informed that the provident fund amount with the interest accrued therein standing to the credit of the Petitioner was Rs. 11,78,171.35 and the amount received by the Bank towards gratuity was Rs. 1,17,763/- and the E.P.F. amount which is recovered towards deduction was Rs. 15,500/-. Therefore, after adjusting the gratuity pay, the Petitioner is bound to pay a sum of Rs. 10,09,908.35. The Petitioner contended that such a deduction of the entire gratuity amount was illegal and the Petitioner is fully protected by Sections 13 and 14 of the Payment of Gratuity Act, 1972.
(3.) First of all, the Writ petition is not maintainable in the light of the Larger Bench judgment of this Court Marappan K. v. The Deputy Registrar of Co-operative Societies, Namakkal, 2006 4 CTC 689. The reliance placed upon Sections 13 and 14 of the Payment of Gratuity Act and Section 60(g) of the Code of Civil Procedure is clearly not violated.