DISTRICT COOPERATIVE BANK LIMITED Vs. ANIL KUMAR PURI

JUDGEMENT

(1.) This intra court appeal under Chapter VIII Rule 5 of Rules of the Court has been preferred by the appellant-District Cooperative Bank Ltd., Sitapur whereby judgment and order dtd. 24/12/2021 passed by learned Single Judge in Writ Petition No.15591 (S/S) of 2019 filed by the respondent herein (who was the petitioner before the learned Single Judge) has been allowed and the resolution of the Committee of Management of the appellant-Bank dtd. 7/10/2013 so far as the same relates to respondent-petitioner has been quashed and the appellant-Bank has further been directed to release and pay the amount of gratuity of Rs.6,17,905.00 to the petitioner along with interest at the rate of 8% per annum with effect from the date of his retirement till the date of actual payment. Learned Single Judge has further directed that payment shall be made within six weeks from the date a copy of said judgment and order is produced before the authorities of the appellant-Bank concerned.

(2.) Heard Sri A.R.Khan, learned counsel for appellant and Sri Sudeep Seth, learned Senior Advocate assisted by Sri Sridhar Awasthi, learned counsel for respondent and perused the record available before us in this appeal.

(3.) Sri A.R.Khan, learned counsel for appellant-Bank has raised two grounds while challenging the judgment and order dtd. 24/12/2021 passed by learned Single Judge. Firstly, it has been argued by Sri A.R.Khan, learned counsel for appellant that learned Single Judge has erred in law in entertaining the writ petition in the wake of availability of alternative statutory remedy under Sec. 70 of U.P. Cooperative Societies Act. Secondly, it has also been argued on behalf of appellant- Bank that judgments cited on its behalf were not discussed and considered by learned Single Judge and that learned Single Judge has committed manifest error of law in coming to the conclusion that the respondent-petitioner was entitled to be paid the amount of gratuity.