LAWS(KAR)-2014-3-263

B.M. RAJASHEKARA MURTHY Vs. STATE OF KARNATAKA

Decided On March 21, 2014
B.M. Rajashekara Murthy and Ors. Appellant
V/S
State of Karnataka, Department of Co -operation (represented by its Principal Secretary), Registrar of Co -operative Societies in Karnataka and Karnataka State Co -operative Agriculture And Rural Development Bank Ltd. (represented by its Managing Director) Respondents

JUDGEMENT

(1.) ASKING for a mandamus against the Karnataka State Co -operative Agriculture and Rural Development Bank Ltd., (for short 'the Bank'), Bangalore -18, to calculate and pay the difference of gratuity amount as per Sub -Rule(4) of Rule 18 of the Karnataka Co -operative Societies Rules, 1960 (for short 'the Rules'), these writ petitions have been filed.

(2.) PETITIONERS were the employees of the Bank and have retired from service of the Bank, having attained the age of superannuation. The Bank has paid the gratuity to the petitioners as per the provisions of the Payment of Gratuity Act, 1972. Claiming payment of gratuity in terms of the Regulation 16 of the Service Conditions of the Employees of the Bank and Sub Rule (4). of Rule 18 of the Rules, these writ petitions have been field.

(3.) BASIC facts of the case stated in the writ petitions are not in dispute. W.P. Nos. 20968 -976/2011 filed by certain other employees of the Bank were allowed on 16.08.2011 vide order as at Annexure -E and the Bank was directed to calculate and pay the difference of gratuity amount in terms of the Rule 18(4) of the Rules r/w Rule 16 of the Subsidiary Rules of the Bank along with such interest as can be payable in terms of the Notification issued by the State Government from time to time.