1 wp3404.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION No.3404 Of 2011 Uttam Narayanrao Wagh, At Post Javla Bazar, Tq.-Aundhanagnath, Dist-Hingoli. ... PETITIONER. Versus 1) The State of Maharashtra 2) The Parbhani District Central Co-op. Bank Ltd. Through it's General Manager. ... RESPONDENTS. WITH WRIT PETITION No.3405 Of 2011 Bhagwanrao Sheshrao Deshmukh, Satarkar Nagar, Opp. Bus Stand, Sengaon, Dist-Hingoli. ... PETITIONER. Versus 1) The State of Maharashtra 2) The Parbhani District Central Co-op. Bank Ltd. Through it's General Manager. ... RESPONDENTS. WITH 2 wp3404.11 WRIT PETITION No.3406 Of 2011 Satyanarayan Ramchandra Jangda Shivram Nagar, Vasmat Road, Parbhani. ... PETITIONER. Versus 1) The State of Maharashtra 2) The Parbhani District Central Co-op. Bank Ltd. Through it's General Manager. ... RESPONDENTS. WITH WRIT PETITION No.3407 Of 2011 Sahebrao Namdeorao Patange, At Post Digras, Through Kondhur, Tq-Kalamnuri, Dist-Parbhani. ... PETITIONER. Versus 1) The State of Maharashtra 2) The Parbhani District Central Co-op. Bank Ltd. Through it's General Manager. ... RESPONDENTS. WITH 3 wp3404.11 WRIT PETITION No.3408 Of 2011 Marotrao Parasramji Gavli Opp. T.V. Centre, Akola Road, Hingoli. ... PETITIONER. Versus 1) The State of Maharashtra 2) The Parbhani District Central Co-op. Bank Ltd. Through it's General Manager. ... RESPONDENTS. WITH WRIT PETITION No.3409 Of 2011 Baburao Namdeorao Salgode, Shivram Nagar, Vasmat Road, Parbhani. ... PETITIONER. Versus 1) The State of Maharashtra 2) The Parbhani District Central Co-op. Bank Ltd. Through it's General Manager. ... RESPONDENTS. WITH WRIT PETITION No.3410 Of 2011 Shripad Devidasrao Deshmukh, Opp. Z.P. Kanya Shala, Station Road, Parbhani. ... PETITIONER. 4 wp3404.11 Versus 1) The State of Maharashtra 2) The Parbhani District Central Co-op. Bank Ltd. Through it's General Manager. ... RESPONDENTS. WITH WRIT PETITION No.3411 Of 2011 Chandrakant Rajmal Jain, Suparshv, Bhajan Galli, Parbhani. ... PETITIONER. Versus 1) The State of Maharashtra 2) The Parbhani District Central Co-op. Bank Ltd. Through it's General Manager. ... RESPONDENTS. WITH WRIT PETITION No.3412 Of 2011 Kerappa Dhondiba Shivpuje, At Post Aaral, Tq.Vasmat, Dist-Parbhani. ... PETITIONER. Versus 1) The State of Maharashtra 5 wp3404.11 2) The Parbhani District Central Co-op. Bank Ltd. Through it's General Manager. ... RESPONDENTS. WITH WRIT PETITION No.3413 Of 2011 Mohd. Yusuf Rasulmiyan, At Post Hatta, Tq-Vasmat, Dist-Hingoli. ... PETITIONER. Versus 1) The State of Maharashtra 2) The Parbhani District Central Co-op. Bank Ltd. Through it's General Manager. ... RESPONDENTS. WITH WRIT PETITION No.3431 Of 2011 Suresh Shankarrao Deshpande, Sri Nagar Bank Colony, Darga Road, Parbhani. ... PETITIONER. Versus 1) The State of Maharashtra 2) The Parbhani District Central Co-op. Bank Ltd. Through it's General Manager. ... RESPONDENTS. 6 wp3404.11 WITH WRIT PETITION No.3432 Of 2011 Ravindra Vidyadhar Bhongade, Rachana Nagar, Karegaon Road, Parbhani. ... PETITIONER. Versus 1) The State of Maharashtra 2) The Parbhani District Central Co-op. Bank Ltd. Through it's General Manager. ... RESPONDENTS. WITH WRIT PETITION No.3433 Of 2011 Mukundappa Kishanaappa Bhurke, Bhavani Peth, At Post-Javla Bazar, Tq.-Aundhanagnath, Dist-Hingoli. ... PETITIONER. Versus 1) The State of Maharashtra 2) The Parbhani District Central Co-op. Bank Ltd. Through it's General Manager. ... RESPONDENTS. WITH 7 wp3404.11 WRIT PETITION No.3434 Of 2011 Bhimrao Devrao Rege, At Post Jamb, Tq & Dist-Parbhani. ... PETITIONER. Versus 1) The State of Maharashtra 2) The Parbhani District Central Co-op. Bank Ltd. Through it's General Manager. ... RESPONDENTS. WITH WRIT PETITION No.3435 Of 2011 Hanmant Ganpatrao Deshpande, Bhagya Laxmi Nagar, Parbhani. ... PETITIONER. Versus 1) The State of Maharashtra 2) The Parbhani District Central Co-op. Bank Ltd. Through it's General Manager. ... RESPONDENTS. 8 wp3404.11 -------- Shri. S.A. Kulkarni, Advocate, for Petitioners in all the Writ Petitions. Smt. A.V. Gondhalekar, Assistant Government Pleader, for Respondent No.1 in all the Writ Petitions. Shri.A.R. Nikam Advocate for Respondent No.2 in all the Writ Petitions. -------- CORAM: MOHIT S SHAH, C.J. AND NARESH H PATIL, J. DATE: 29 AUGUST 2011 PER COURT : 1. The Petitioners were the employees of Respondent No.2 Parbhani District Central Co-operative Bank Ltd. The Petitioner in Writ Petition No.3404 of 2011 retired on superannuation on 31st October, 2011 and the Petitioners in other Writ Petitions retired on superannuation on various dates. When the Petitioners applied for payment of gratuity, the Respondent No.2 Bank paid the amount of gratuity at the rate of 15 days salary for each completed year of service. The grievance of these Petitioners is that those who retired prior to 28th October, 1998 and those who retired after 1st March, 2003, have already been paid gratuity at the rate of 30 days salary for each 9 wp3404.11 completed year of service. The Petitioners, therefore, submit that the Petitioners have been discriminated against the other set of employees, for no justifiable reasons. 2. It appears from the Written Statement filed by Respondent No.2 Bank before the Controlling Authority under the Payment of Gratuity Act, 1972 and Assistant Commissioner of Labour at Nanded, before whom the similarly situated employees had made grievance, that it was on account of the amendments made in the Trust Deed by the Deed of Variation dated 28th October, 1998 and Deed of Variation dated 24th March, 2003, the rates for payment of gratuity were changed. 3. We have heard learned counsel for the Petitioners, learned Assistant Government Pleader for Respondent No.2 and learned counsel for Respondent No. 2 Bank. We are of the view that interest of justice would be served if the Petitioners file representations to Respondent No.2 Bank within TWO WEEKS from today, the Respondent No.2 Bank shall consider and decide such representations as 10 wp3404.11 expeditiously as possible and in any case within TWO MONTHS from the date of receipt of the representations. The Petitioners may be given opportunity of personal hearing. It is directed accordingly. 4. The Writ Petitions are accordingly disposed of in terms of the above directions. It is clarified that in case the representations are rejected by the Respondent No.2 Bank, the Petitioners will be at liberty to file note for revival of these Writ Petitions. CHIEF JUSTICE. NARESH H PATIL, J. asb/AUG11