16 August 2017
Supreme Court
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PANDURANG DNYANDEV HANKARE Vs RAJSHREE SHAHU GOVERNMENT SERVANTS CO-OPERATIVE BANK LTD.

Bench: HON'BLE MR. JUSTICE KURIAN JOSEPH, HON'BLE MRS. JUSTICE R. BANUMATHI
Judgment by: HON'BLE MR. JUSTICE KURIAN JOSEPH
Case number: C.A. No.-010518-010519 / 2017
Diary number: 35834 / 2015
Advocates: KRISHAN KUMAR Vs


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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS.10518-10519 OF 2017 [@ SPECIAL LEAVE PETITION (C) NOS. 33360-33361/2015]

PANDURANG DNYANDEV HANKARE APPELLANT(S)

                               VERSUS

RAJSHREE SHAHU GOVERNMENT SERVANTS  CO-OPERATIVE BANK LTD. RESPONDENT(S)

J U D G M E N T

KURIAN, J.

Leave granted. 2. The  appellant  has  come  up  before  this  Court aggrieved  by  the  interim  order  dated  21.07.2015 passed in Writ Petition Nos.4961/2014 and 4963/2014. It is not in dispute that those writ petitions are pending before the High Court.  The High Court had, as per the interim order, directed the Labour Court to take a decision subject to the decision of the writ petitions before it.

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3. We are informed that the Labour Court has taken such a decision.  Mr. Vinay Navare, learned counsel appearing for the respondent submits that the said decision  is  also  under  challenge  before  the  High Court.   4. Mr. J.P. Cama, learned senior counsel appearing for  the  appellant  submits  that  at  least  the respondent/Bank can be directed to pay the undisputed portion of gratuity. 5. In the above circumstances, we are of the view that the matters pending before the High Court need to be disposed of. 6. Accordingly, these appeals are disposed of with a request  to  the  High  Court  to  dispose  of  the  writ petitions expeditiously, preferably within a period of six months from the date of receipt of a copy of this judgment. 7. There will be a direction to the respondent/Bank to disburse the gratuity payable to the appellant up to 15.10.1993, within two weeks from today. 8. Needless to say that the payment of gratuity is also without prejudice to the contentions available to the respondent. 9. Pending  applications,  if  any,  shall  stand disposed of.

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10. There shall be no orders as to costs.

.......................J.               [KURIAN JOSEPH]  

.......................J.               [R. BANUMATHI]  

NEW DELHI; AUGUST 16, 2017.

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