The Member Secretary Common Cadre Committee for PCA and RD Bank vs Sri Shankaralingaiah Swamy H.M. and Registrar of Co-operative Societies

Ram Mohan Reddy, J.—The cause shown to condone the delay in filing the Review Petition is not satisfactory, hence the delay is not condoned and the application is accordingly rejected.

Having had a glimpse at the grounds set out in the Review Petition seeking review of the order dated 23rd November 2009 in Writ Petition Nos. 23263-66 of 2009 on the premise that the first respondent in the Review Petition who is none other than the fourth petitioner in the Writ Petition having retired from service on 30.04.1995 the decision of Full Bench in N.S. Srinivasamurthy and Ors. v. The Registrar of Co-operative Societies in Karnataka and Ors. ILR 2003 KAR 458 has no application inasmuch as Payment of Gratuity Act, 1972 was not applicable to the Co-operative establishments on the date of retirement of the first respondent cannot be countenanced. The Payment of Gratuity Act was applicable to the Co-operative establishments as held by the full bench and therefore it is too farfetched for the petitioner to contend that it did not apply to the case of the first respondent.

The Review Petition too, I find, is without merit and is accordingly rejected.