CHHATTISGARH RAJYA GRAMIN BANK Vs. MEGHRAJ PATHAK

JUDGEMENT

(1.) Since the issue involved in the bunch of writ petitions and the cause of action also being the same, all these writ petitions are being decided by this common order.

(2.) In all these writ petitions the challenge is to the order passed by the Appellate Authority under the Payment of Gratuity Act rejecting the appeal preferred by the petitioner Bank thereby affirming the order passed by the Controlling Authority under the Payment of Gratuity Act. (Since the date of passing of the orders by the two authorities i.e. the Appellate Authority and the Controlling Authority are different, the dates are not being deliberately mentioned, the contents of all the orders are identical.)

(3.) The common facts running all these writ petitions are that the respondent no.1 in all these writ petitions were officers of the petitioner Bank. After serving the Bank for a considerable period of time, all the respondent no.1 officers stood retired on attaining the age of superannuation on different dates. After their retirement, in the process of settling their retiral dues, the Bank paid certain amount towards Gratuity to each of the respondent officers which according to the respondent no.1/officers was erroneously calculated. According to the respondent officers, they were entitled for much more than what was calculated by the petitioner Bank. The respondent no.1/officers accordingly filed a claim application under the provisions of the Payment of Gratuity Act for the difference of gratuity before the Controlling Authority under the Payment of Gratuity Act i.e. the Assistant Labour Commissioner (Central).