ODISHA GRAMYA BANK Vs. DEPUTY CHIEF LABOUR COMMISSIONER

JUDGEMENT

(1.) In the accompanied writ application, the petitioner-Bank constituted under the Regional Rural Banks Act,1976 by assailing the order dated 28.01.2016 passed under Rule 18 (8) of the Payment of Gratuity (Central) Rules,1972, by Appellate Authority under the Payment of Gratuity Act,1972, and Deputy Chief Labour Commissioner (Central), Bhubaneswar-opposite party no.1 has inter alia prayed for quashing of Annexure-1 with further prayer for quashing of payment of Rs.1,55,825/- along with the interest as awarded on gratuity amount to be paid to the opposite party no.3.

(2.) The brief facts as has been depicted in the writ petition is that vide notification in the year 2006 of the Government of India, the erstwhile Cuttack Gramya Bank and Balasore Gramaya Bank have been amalgamated and named as, 'Kalinga Gramya Bank." Again the Central Government after consultation with National Bank for Agriculture and Rural Development (NABARD), Government of Odisha, the three Regional Rural Bank viz. Neelachal Gramaya Bank, Kalinga and Baitarani Gramya Bank have been amalgamated into one Bank and the name of the said amalgamated bank is Odisha Gramya Bank with its Head office at Bhubaneswar as evident from Annexures-2 and 3. Opposite party no.3 initially joined in above mentioned Cuttack Gramya Bank which later on became Kalinga Gramya Bank by virtue of the amalgamation dated 02.01.2006 and now Odisha Gramya Bank, as an officer on 30.03.1997. During his stint as officer at Cuttack Gramya Bank, being a member of Investment committee of Cuttack Gramya Bank, the opposite party no.3 committed certain financial irregularities and charges were levelled against him vide Annexure-4 series. In pursuance of Departmental Inquiry, the opposite party no.3 was dismissed from the services of the Bank with effect from 22.04.2003 as per Annexure-5. It has been averred that the CBI has taken over the matter of the financial irregularities committed in the Bank and so far as, the punishment of dismissal, the opposite party no.3 has filed the writ petition in W.P.(C) No.5424 of 2003 which is stated to be pending till filing of the writ petition. After more than a decade from the order of punishment of dismissal, the opposite party no.3 filed claim application before the opposite party no.2 and in the said claim, the petitioner filed written submission. The opposite party no.2 passed order dated 29.10.2014 directing the petitioner-Bank to pay the gratuity amount as per the Payment of Gratuity Act,1972 along with simple interest @ 10% from 24.04.2003 to 25.08.2014. The order dated 29.10.2014 has been marked as Annexure-8. Assailing the order of opposite party no.2, the petitioner-Bank preferred appeal before the opposite party no.1 and the opposite party no.1 has been pleased to uphold the order passed by the Controlling Authority-opposite party no.2 dated 29.10.2014 with little modification vide Annexure-1, which is impugned in this writ petition. Being aggrieved and dissatisfied with the impugned order under Annexure-1, the petitioner-Bank has been constrained to approach this Court invoking the extraordinary jurisdiction under Article 226 and 227 of the Constitution for redresal of its grievances.

(3.) Learned counsel for the petitioner has assailed the impugned order on the following grounds :