Biswanath Somadder, J.:— The writ petitioner was an employee of Bankura Town Co-operative Bank Limited and retired from service on 31st March, 2011. The subject-matter of challenge in the instant writ petition is with regard to the inaction on the part of the authorities of the said Bank to release his retiral dues in respect of gratuity and leave salary.
The petitioner has stated that he is entitled to payment of gratuity under the Payment of Gratuity Act, 1972, as amended by the Payment of Gratuity (Amendment) Act, 2010, which has been brought into effect on and from 24th day of May, 2010. According to the learned advocate for the petitioner, upon such amendment coming into force, the writ petitioner, who had superannuated on 31 March, 2011, was entitled to an enhanced gratuity amount of Rs. 4,52,570/-. This calculation, appears in a note prepared on 1 December, 2011, by the Bankura Town Co-operative Bank Limited, which has been handed up by the learned advocate for the Bank, which may be kept on record. However, it is stated in the note that the maximum amount payable as per existing norms of the bank was Rs. 3,50,000/- as gratuity.
So far as leave salary is concerned, it appears that the sum due and payable to the writ petitioner has been computed as 90 days by the Bank, which appears from the same note. It is contended by the learned advocate for the petitioner that his client is entitled to a leave salary of 300 days in terms of clause 19 of the West Bengal Co-operative Societies Rules, 2011. The learned advocate representing the Bankura Town Co-operative Bank Limited has, however, drawn this Court's attention to Rule 106 of the same Rules and submitted that the method of recruitment and conditions of service of the officers and employees of cooperative societies shall, subject to the terms of specific contract enforceable by law and the provisions of any law for the time being in force, be as enunciated in Appendix to Chapter V of the said Rules. He submitted that in this regard the management of the Bank had entered into a contract with the Bankura Town Co-operative Bank Employees' Union wherefrom it would appear that the petitioner was entitled to leave salary for 90 days only.
Perusing the said contract it, however, appears that the agreement was binding on the parties on the following conditions:
“Revision of pay scale and other benefit for five years from 1.11.1998
The Service Rules and Conditions as will be framed by the Board of Director from the date of their meeting till further any amendment.”
Having regard to the facts and circumstances of the instant case as stated above, there is no manner of doubt that the writ petitioner having retired from service on 31 March, 2011, was entitled to an enhanced payment of gratuity to the tune of Rs. 4,52,570/-, in terms of the Payment of Gratuity (Amendment) Act, 2010, which came into effect before he retired from service, together with interest payable at the rate of ten per cent per annum to be computed from the date of the petitioner attaining superannuation, i.e, 31 March, 2011, till the date of actual payment.
So far as leave salary is concerned, the petitioner shall be paid leave salary of 90 days forthwith. As far as his remaining claim of leave salary is concerned, the same shall be governed by whatever agreement that was in force as on the date of superannuation of the writ petitioner between the Bankura Town Co-operative Bank Limited and the Bankura Town Co-operative Bank Employees' Union. If on the date of superannuation the writ petitioner was entitled to leave salary of more than 90 days, the same shall be computed and disbursed in his favour as expeditiously as possible, preferably within a period of four weeks, but not later than six weeks from the date of communication of a photostat certified copy of this order.
The writ petition is disposed of in terms of the above directions.
Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.