KALYAN KUMAR SARKAR Vs. BANK OF INDIA

JUDGEMENT

(1.) IN this petition filed under Article 226 of the Constitution of India the petitioner prays for appropriate writs commanding the respondents not to withhold payment of his gratuity and provident fund dues. Facts leading to the filing of the petition are as under.

(2.) ON September 17, 1973, the petitioner joined the services of Bank of India, the respondent No. 1 herein, (hereinafter referred to as the 'bank') as a Probationary Officer in its Head Office at Bombay. On confirmation, he was posted in the Personal Department of the Bank, as an Officer thereof, at its Regional Office at Calcutta. While he was working there, the Head Office of the Bank issued a Circular on July 14, 1971 inviting applications from its Officers for recruitment to the posts of, among others, Industrial Relation Officers in the Personal Department at its various Centres. In that circular, it was stipulated, interalia, as under :

(3.) THE petitioner responded to the above circular and consequent upon his selection, the Bank offered him the above post by its letter dated August 14, 1979 on terms and conditions detailed therein. Two of the terms thereof read as under : -