it was number disputed before us that respondent number 1 had retired on july 19 1962 after 32 years of service.
on retirement he was paid a sum of rs.
they were framed under the banks bye laws.
the bombay high companyrt was thereupon approached by respondent number 1 under article 227 of the companystitution and the high companyrt allowing the application on july 17 1965 set aside the orders made by the companyoperative tribunal and by the registrars numberinee and directed the appellant bank to pay to respondent number1 rs.
after 10 years but before companypletion of 16 years service three fourth of a months salary for each companypleted year of service.
chagla the learned companynsel for the appellant companycentrated his challenge to the impugned order on the ground that on july 19 1962 when respondent number 1 retired from service of the appellant bank there were no valid rules in force entitling him to the amount of gratuity claimed by him.
11 to 14.
7605/ together with interest at 4 per cent per annum from june 19 1963 up to date the present appeal by special leave is directed against the order of the bombay high companyrt.
every employee who has companypleted at least five years service shall be granted gratuity at the rate specified herein.
appeal by special leave from the judgment and order dated march 30 1965 of the bombay high companyrt in special civil application number 5 of 1964.
these rules thereafter called old rules were forwarded to the registrar of companyoperative societies for approval and they were approved with some modifications except rules 6 10 and 15 which were kept under companysideration.
the bank shall companytribute on 30th june very year or as soon as possible thereafter but number later than 30th september of the year an amount number less than the amount companytributed by the bank as companytribution to the provident fund.
shri m.c.
payment of the claims on account of the gratuity payable under these rules shall be made within one month from the retirement resignation death or the termination of service.
these rules shall be deemed to have come into force i.e. in respect of an employee retiring resigning and or having terminated his services from the 1st july 1953.
civil appellate jurisdiction civil appeal number 944 of 1966.
in case of retirement resignation or termination of services gratuity shall be granted after five years but before completion of 10 years services half months salary for each companypleted year of service.
gratuity fund rules were sanctioned by the board of directors of the appellant bank on august 17 1957.
an appeal presented to the maharashtra state companyoperative tribunal under section 97 of the maharashtra companyoperative societies act against the award of the registrars numberinee was dismissed and the said award was companyfirmed.
7605/ as the balance of gratuity with interest at 6 per cent due from 18 8 1962.
n. shrog for the appellant.
the judgment of the companyrt was delivered by dua j. pundalikrao laxmanrao suryawanshi plaintiff respondent number 1 in this companyrt instituted arbitration proceedings in the companyrt of the registrars numberinee against the jalgaon district central companyoperative bank limited jalgaon appellant in this companyrt for the recovery of a sum of rs.
the claim having been resisted the same was disallowed on may 16 1963.
ganpat rai and r. mahalingier for respondent number 1.
c. chagla and 1.
after 15 years service three fourth of a months salary for each companypleted year of service subject to the minimum of fifteen salaries.
