CANARA BANK Vs. DEPUTY CHIEF LABOUR COMMISSIONER (CENTRAL)

JUDGEMENT

(1.) The present writ petition seeks to challenge the order dtd. 21/12/2022 passed by the Appellate Authority within the meaning of Payment of Gratuity Act, 1972. The petitioners also challenge the consequential relief granted in favour of the respondent no. 3. To appreciate the controversy, it is necessary to summarise the facts leading to the determination made by the Appellate Authority.

(2.) The respondent no.3 was an employee of the petitioner no.1, which is a public sector undertaking incorporated under the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970.

(3.) In exercise of powers conferred by Sec. 19 read with Sub- Sec. (2) of Sec. 12 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, a service regulation, namely, The Canara Bank (Officers') Service Regulations, 1979 (hereinafter referred to as the "said Regulation") was framed by the Board of Directors of the Canara Bank in consultation with the Reserve Bank of India and with previous sanction of the Central Government. The said Regulation has a statutory force. Both the petitioners as well as the respondent no.3 are governed by such Regulation.