Sandeep Sangwan v. Bank Of India And Others

116 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 1178 of 2024 Date of Decision:29.05.2024 Sandeep Sangwan ....Petitioner vs.

Bank of India and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Rahul Deswal, Advocate for the petitioner Mr. Tarlok, Advocate for Mr. Gaurav Goel, Advocate for the respondents-Bank *** JAGMOHAN BANSAL, J. (ORAL) 1.

On 19.01.2024, the following order was passed by this Court:- "Learned counsel for the petitioner inter alia contends that petitioner has not been extended benefit of gratuity on the ground that he has not completed minimum requisite period of five years. The petitioner has worked with respondent-bank for four years and nine months and as per Section 2A(2)(a)(ii) of Payment of Gratuity Act, 1972 read with judgment of Madras High Court in Mettur Beardsell, Ltd. (represented by its Personnel Manager), Madras v.Regional Labour Commissioner (Central) (Appellate Authority under Payment of Gratuity Act), Madras, 1996 SCC OnLine Mad 344, if an employee completes period of 240 days, it is PARAMJIT KAUR SAINI 2024.05.29 00:59 I attest to the accuracy and integrity of this document

CWP No. 1178 of 2024 -2considered as one year, thus, petitioner has completed service of five years and he is entitled to payment of gratuity.

Notice of motion returnable for 13.05.2024.

Mr. Teginder Singh, Advocate, who on advance notice is present in Court, accepts notice on behalf of the respondents and seeks time to file reply and address the arguments.

To be shown in urgent."

2.

Mr. Tarlok, Advocate, at the outset, submits that respondents are going to release gratuity alongwith interest @ 10% per annum in favour of the petitioner.

3.

Counsel for the petitioner agrees to the aforesaid arrangement. 4.

In the wake of statement of both sides, the petition stands disposed of.

(JAGMOHAN BANSAL) JUDGE 29.05.2024 paramjit Whether speaking/reasoned: Yes Whether reportable:

No PARAMJIT KAUR SAINI 2024.05.29 00:59 I attest to the accuracy and integrity of this document