RAM PRAKASH AGARWAL Vs. CENTRAL COOPERATIVE BANK LTD

JUDGEMENT

(1.) BY way of filing the present writ petition, the petitioner has prayed for directions to the respondents to make payment of gratuity plus remaining salary to the tune of Rs. 1,75,550/ -. Further, he has prayed for interest on due amount at the rate of 24% per annum w. e. f. 30. 4. 1993 as well as Rs. 50,000/- for harassment suffered by him due to non-payment of his dues.

(2.) ACCORDING to the facts of the case mentioned in the writ petition, the petitioner was employed with the respondent-Bank on 1. 12. 1959 and he continued in service and ultimately after rendering services of 33 years and four months, he was superannuated on 31. 3. 1993. ACCORDING to the petitioner before retirement, he submitted requisite form demanding gratuity under sub-rule (1) of Rule 7 of the Gratuity Rules. However, no payment of gratuity was made to the petitioner. It is further submitted that petitioner's salary was Rs. 2190/- plus dearness allowance at the time of his retirement, therefore, as per last pay drawn by him, he calculated his gratuity as Rs. 1,74,050 and the same was to be paid on 31. 3. 1993 but instead of repeated requests, reminders and personal approaches having been made, he has not been paid the amount of gratuity. it is also prayed that in addition to the said amount of gratuity, petitioner's salary of Rs. 1500/- was also not paid to him.

(3.) LEARNED counsel for the respondents submits that this petition is not maintainable because there is alternative remedy available to the petitioner under the Act. Therefore, this writ petition may be dismissed on the ground of availability of alternative remedy provided under the Act.