BANK OF INDIA Vs. KALYAN KUMAR SARKAR

JUDGEMENT

(1.) - This appeal is directed against a judgment and order dated 31.5.90 passed by a learned single Judge of this court whereby and whereunder the writ petition filed by the petitioner claiming, inter alia, the following reliefs were allowed :

(2.) The fact of the matter lies in a very narrow compass.

(3.) The appellant bank was nationalised in terms of the Banking Companies (Acquisition & Transfer of Undertakings) Act, 1970. Section 21 of the said Act was brought into force under section 1(2) of the said Act on 19.7.69. The Board of Directors, in terms of the aforementioned provisions, are entitled to frame regulation relating to service conditions of officers of the bank and also empowered to make regulation for establishing and maintaining pension and gratuity fund for officers of the bank. Admittedly, on 7.8.73 the writ petitioner/respondent No. 1 was appointed as a Probationary Officer of Bank of India for a year. He was confirmed as an officer of Bank of India. He started contributing to the provident fund. In the meantime, on 1.1.75, Gratuity Fund Rules were framed by the appellant bank. Rule 8 of the said Rules, which is relevant for the purpose of this case is set out hereinbelow :