RAVI SHANKAR MALANI Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) Affidavit-of-service filed in Court today be kept on record.

(2.) This intra-Court appeal at the instance of the first respondent in the writ petition is directed against the order dtd. 2/3/2022 passed in WPA 16222 of 2021 filed by the State Bank of India. The undisputed facts are that State Bank of India challenged the order dtd. 31/7/2018 passed by the Controlling Authority under the provisions of Payment of Gratuity Act, 1972 (in short "the Act") computing the gratuity payable to the appellant at Rs.4,66,444.00 which includes simple interest at the rate of 10% on the total amount of gratuity so computed. The State Bank of India filed an appeal before the Appellate Authority under the provisions of the said Act. The Appellate Authority by order dtd. 31/7/2019 dismissed the appeal and affirming the order passed by the Controlling Authority. Challenging the said order, the State Bank of India preferred the writ petition.

(3.) The first contention raised before the learned writ Court is that the appointment of the appellant was purely contractual and he was appointed as a contractual Chartered Accountant and that his contract though was for eight years, it was on yearly basis or renewable once in two years. The appellant having accepted the terms and conditions of the contract, not covered under the State Bank of India Employees Gratuity Fund, was not entitled to file an application before the Controlling Authority for computation of gratuity. The appellant contended that for all purposes he was treated as an employee of State Bank of India and was extended all benefits though the appellant would state that his service was contractual. Further, it was contended that under the relevant regulation there is a bar for the appellant to become a member of State Bank of India Gratuity Fund. But that will not disentitle him from being entitled to gratuity in terms of the provisions of the Act. Further, the appellant has rendered good service for the bank and every time he was recognized for his good service and enhanced emolument was also given to him. Further, the bank has issued a work experience certificate dtd. 30/6/2017 certifying that the appellant, who has been engaged in the State Bank of India from 14/11/2008 to 30/6/2017. He joined the bank as Credit Analyst on 14/11/2008 on contractual basis and at the time of relieving his designation was Vice-President (Chartered Accountant : Credit Analyst) in the Commercial Branch. Further, the certificate states that the conduct/performance of the appellant has been satisfactory during his employment in the bank.