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september 1969

Supreme Court of India · 1969-09-03

JALGAON DISTRICT CENTRAL CO-OPERATIVE BANKLTD. vs PUNDALIKRAO LAXMANRAO SURYAWANSHI & ORS.

Citation / case number
SC 1966/60291
Court
Supreme Court of India
Petitioner
JALGAON DISTRICT CENTRAL CO-OPERATIVE BANKLTD.
Respondent
PUNDALIKRAO LAXMANRAO SURYAWANSHI & ORS.
Bench
DUA, I.D.

Judgment text excerpt

The Supreme Court held that the obligation to pay gratuity under Rule 7 of the Maharashtra Cooperative Societies Act, 1960 arises irrespective of the non-approval of Rule 6 and Rule 10 by the Registrar. The Court clarified that the non-approval does not negate the enforceability of the gratuity provisions in Rules 7, 8, and 9. Furthermore, it emphasized that the new rules cannot adversely affect the vested rights of employees under the old rules, as per Rule 16, which prohibits retrospective operation of new rules. The High Court's decision to allow the respondent's claim for gratuity was upheld.

JALGAON DISTRICT CENTRAL CO-OPERATIVE BANKLTD. vs PUNDALIKRAO LAXMANRAO SURYAWANSHI & ORS. · Niyam