SHOBHAI RAM Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri H.R. Misra, learned Senior Counsel assisted by Sri K.M. Mishra for the petitioners and Sri K.N. Mishra for the respondent bank.

(2.) By means of this writ petition the petitioners are challenging the order dated 13th July, 2010 passed by the Managing Director of the respondent bank whereby the claim of the petitioners for enhanced gratuity amounting to Rs. 10 lacs w.e.f. 1.1.2006 has been turned down on the ground that the said benefit is admissible under the provisions of the Payment of Gratuity Amendment Act, 2010 w.e.f. 6.7.2010 when the respondent bank took a decision to enhance the same from Rs. 3.50 lacs to 10 lacs.

(3.) The contention of the learned counsel for the petitioner is that the Payment of Gratuity Act being an Industrial Law is not applicable to the employees of the Co-operative Societies in view of the U.P. Co-Operative Society Act as also the pronouncement of the Supreme Court in the case of Ghaziabad Zila Sahkari Bank Ltd. Vs. Additional Labour Commissioner and others, 2007 11 SCC 756 and the judgment rendered in the case of Brahmawarta Commercial Co-Operative Bank Ltd., Kanpur Vs. Presiding Officer, Industrial Tribunal-III, U.P., Kanpur, 2012 134 FLR 574.