A M SAMPATH Vs. BANK OF BARODA

JUDGEMENT

(1.) THE petitioner is seeking to challenge the order of the second respondent, appellate authority under the Payment of Gratuity Act (constituted by the Central Government) made in GA.No.52/98 dated 31.12.1998 and seeks for a direction to the first respondent to pay the amount of Rs.60,197/- as ordered by the Controlling Authority under the PG Act made in G.A.No.25/97 dated 16.3.1998 together with interest at the rate of 10% per annum from the date it became payable, viz., 19.9.1996 till the date of payment.

(2.) THE writ petition was admitted on 19.4.1999. On notice from this Court, a counter affidavit dated 13.7.1999 has been filed by the first respondent.

(3.) THERE was also a joint note of conclusion arrived at and minutes were recorded on 23.6.1995 between the Federation of the first respondent bank, viz., Indian Banks' Association on the one hand and the Officers' Organization on the other hand. Later the Board of Directors of the first respondent bank adopted certain amendments to the Service Regulations, 1979 on 19.9.1996 in consultation with the RBI and with the previous sanction of the Government of India. It was due to these amendments, the pay and allowances were revised with effect from 01.7.1993. But nevertheless the petitioner was not paid gratuity arrears on the basis of the revision of pay effected from 01.7.1993.