Bombay High Court
The Chief Executive Officer Osmanabad ... vs Balbhim Shriniwas Patil on 14 January, 2026
2026:BHC-AUG:2874
994-WP-1292-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
994 WRIT PETITION NO. 1292 OF 2021
The Chief Executive Officer
Osmanabad Janta Sahakari Bank Ltd.,
Tuljapur Road, Osmanabad,
Head Office: Main Road, Osmanabad,
Tq. and Dist. Osmanabad. ... Petitioner
VERSUS
Shri. Vyankatesh s/o Pandurang Goverdhan,
Age: 68 years, Occu: Pensioner,
R/o. Jijau Nagar, New Railway Station Road,
Osmanabad, T.q. and Dist. Osamanabad. ... Respondent
.....
WITH
WRIT PETITION NO. 1301 OF 2021
The Chief Executive Officer
Osmanabad Janta Sahakari Bank Ltd.,
Tuljapur Road, Osmanabad,
Head Office: Main Road, Osmanabad,
Tq. and Dist. Osmanabad. ... Petitioner
VERSUS
Shrimant s/o Tulshiram Kachhave
Aged: 61 years, Occu: Ex-employee,
R/o. Kokanma, Tq. Ahmedpur,
Dist. Latur. ... Respondent
.....
WITH
WRIT PETITION NO. 1328 OF 2021
The Chief Executive Officer
Osmanabad Janta Sahakari Bank Ltd.,
Tuljapur Road, Osmanabad,
Head Office: Main Road, Osmanabad,
Tq. and Dist. Osmanabad. ... Petitioner
VERSUS
Balbhim s/o Shriniwas Patil,
Aged: 64 years, Occu: Ex-employee,
R/o. Thakre Chowk, Kale Hospital Road,
1
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Gajanan Nagar, Latur, Tq. & Dist. Latur. ... Respondent
.....
WITH
WRIT PETITION NO. 1325 OF 2021
The Chief Executive Officer
Osmanabad Janta Sahakari Bank Ltd.,
Tuljapur Road, Osmanabad,
Head Office: Main Road, Osmanabad,
Tq. and Dist. Osmanabad. ... Petitioner
VERSUS
Chandrakant s/o Venkatrao Anandgaonkar,
Age: 47 years, Occu: Ex-employee,
R/o. C/o. Annasaheb Bhagwat Patil,
Munde Galli, Mauli Chowk, Osmanabad,
Tq. and Dist. Osmanabad. ... Respondent
.....
WITH
WRIT PETITION NO. 1327 OF 2021
The Chief Executive Officer
Osmanabad Janta Sahakari Bank Ltd.,
Tuljapur Road, Osmanabad,
Head Office: Main Road, Osmanabad,
Tq. and Dist. Osmanabad. ... Petitioner
VERSUS
Vijaykumar s/o Vishwanath Hanchate
(deceased) Through L.Rs.
1. Vaibhav s/o Vijaykumar Hanchate
Age: 42 years, Occu:
2. Kum. Gauri Vijaykumar Hanchate,
Age : 39 years, Occu: Household,
Both R/o. Tambhari Vibhag,
Osmanabad, T.q. and Dist. Osamanabad. ... Respondent
.....
WITH
WRIT PETITION NO. 1319 OF 2021
WITH CIVIL APPLICATION NO. 597 OF 2026 IN WP/1319/2021
The Chief Executive Officer
Osmanabad Janta Sahakari Bank Ltd.,
2
994-WP-1292-2021.odt
Tuljapur Road, Osmanabad,
Head Office: Main Road, Osmanabad,
Tq. and Dist. Osmanabad. ... Petitioner
VERSUS
Mangesh s/o Ganpatrao Akade,
Age: 62 years, Occu: Ex-employee,
R/o. Sadguru Krupa Niwas, Mantri Nagar,
Ring Road, Latur,
Tq. and Dist. Latur. ... Respondent
.....
WITH
WRIT PETITION NO. 1296 OF 2021
The Chief Executive Officer
Osmanabad Janta Sahakari Bank Ltd.,
Tuljapur Road, Osmanabad,
Head Office: Main Road, Osmanabad,
Tq. and Dist. Osmanabad. ... Petitioner
VERSUS
Sambhaji s/o Shivaji Bhosale,
Age: 63 years, Occu: Ex-employee,
R/o. Uplai Road, Jijau Nagar Barshi
T.q. Barshi, Dist. Solapur. ... Respondent
WITH
WRIT PETITION NO. 1293 OF 2021
The Chief Executive Officer
Osmanabad Janta Sahakari Bank Ltd.,
Tuljapur Road, Osmanabad,
Head Office: Main Road, Osmanabad,
Tq. and Dist. Osmanabad. ... Petitioner
VERSUS
Dattatraya s/o Yedba Wakde,
Age: 68 years, Occu: Ex-employee,
R/o. House No.27/691-A, Ramnagar,
Gurukrupa Niwas, Osmanabad,
T.q. and Dist. Osamanabad. ... Respondent
.....
WITH
WRIT PETITION NO. 1321 OF 2021
The Chief Executive Officer
3
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Osmanabad Janta Sahakari Bank Ltd.,
Tuljapur Road, Osmanabad,
Head Office: Main Road, Osmanabad,
Tq. and Dist. Osmanabad. ... Petitioner
VERSUS
Janardan s/o Atmaram Garad,
Aged: 62 years, Occu: Ex-employee,
R/o. Court Colony, Sanja Road,
Osmanabad, Tq. & Dist. Osmanabad. ... Respondent
.....
WITH
WRIT PETITION NO. 1310 OF 2021
The Chief Executive Officer
Osmanabad Janta Sahakari Bank Ltd.,
Tuljapur Road, Osmanabad,
Head Office: Main Road, Osmanabad,
Tq. and Dist. Osmanabad. ... Petitioner
VERSUS
Janardhan s/o Ambadasrao Kurulkar,
Aged: 61 years, Occu: Ex-employee,
R/o. Barshi Road, Behind Hostel Ashwamegh,
Nar Shrikrishna Mandir, Shrinagar, Latur,
Tq. & Dist. Latur. ... Respondent
.....
WITH
WRIT PETITION NO. 1324 OF 2021
The Chief Executive Officer
Osmanabad Janta Sahakari Bank Ltd.,
Tuljapur Road, Osmanabad,
Head Office: Main Road, Osmanabad,
Tq. and Dist. Osmanabad. ... Petitioner
VERSUS
Vishnu s/o Kundlik Gaikwad,
Aged: 65 years, Occu: Ex-employee,
R/o. Jijau Nagar, Railway Station Road,
Old Gad Rasta, Osmanabad,
Tq. and Dist. Osmanabad. ... Respondent
.....
WITH
4
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WRIT PETITION NO. 1314 OF 2021
The Chief Executive Officer
Osmanabad Janta Sahakari Bank Ltd.,
Tuljapur Road, Osmanabad,
Head Office: Main Road, Osmanabad,
Tq. and Dist. Osmanabad. ... Petitioner
VERSUS
Arun s/o Govindrao Kadam,
Aged: 62 years, Occu: Ex-employee,
R/o. Mataji Nagar, Near Durgadevi Mandir,
Tq. and Dist. Latur. ... Respondent
.....
WITH
WRIT PETITION NO. 1297 OF 2021
The Chief Executive Officer
Osmanabad Janta Sahakari Bank Ltd.,
Tuljapur Road, Osmanabad,
Head Office: Main Road, Osmanabad,
Tq. and Dist. Osmanabad. ... Petitioner
VERSUS
Dilip s/o Sheshrao Vishwase,
Age: 67 years, Occu: Ex-employee,
R/o. Solapur-Nagar Takli Road,
Pandharpur, Dist. Solapur. ... Respondent
.....
WITH
WRIT PETITION NO. 1320 OF 2021
WITH CIVIL APPLICATION NO. 599 OF 2026 IN WP/1320/2021
The Chief Executive Officer
Osmanabad Janta Sahakari Bank Ltd.,
Tuljapur Road, Osmanabad,
Head Office: Main Road, Osmanabad,
Tq. and Dist. Osmanabad. ... Petitioner
VERSUS
Prabhakar s/o Dattatraya Devalkar,
Aged: 69 years, Occu: Ex-employee,
R/o. Shantiniketan, Bhanu Nagar,
Osmanabad, T.q. and Dist. Osamanabad. ... Respondent
.....
5
994-WP-1292-2021.odt
WITH
WRIT PETITION NO. 1323 OF 2021
The Chief Executive Officer
Osmanabad Janta Sahakari Bank Ltd.,
Tuljapur Road, Osmanabad,
Head Office: Main Road, Osmanabad,
Tq. and Dist. Osmanabad. ... Petitioner
VERSUS
Khandu s/o Dadarao Bansode,
Aged: 64 years, Occu: Ex-employee,
R/o. LIC Colony, Ring Road, Near
Vishal School, Latur, Tq. & Dist. Latur. ... Respondent
.....
WITH
WRIT PETITION NO. 1322 OF 2021
The Chief Executive Officer
Osmanabad Janta Sahakari Bank Ltd.,
Tuljapur Road, Osmanabad,
Head Office: Main Road, Osmanabad,
Tq. and Dist. Osmanabad. ... Petitioner
VERSUS
Jagannath s/o Dattatraya Sadaphule,
Aged: 62 years, Occu: Ex-employee,
R/o. Sambhaji Nagar, Diksal,
Tq. Kallam, Dist. Osmanabad. ... Respondent
.....
WITH
WRIT PETITION NO. 1316 OF 2021
The Chief Executive Officer
Osmanabad Janta Sahakari Bank Ltd.,
Tuljapur Road, Osmanabad,
Head Office: Main Road, Osmanabad,
Tq. and Dist. Osmanabad. ... Petitioner
VERSUS
Chandrakant s/o Vasant Pathrudkar,
Aged: 68 years, Occu: Ex-employee,
R/o. 1905, Lokhand Galli, Barshi,
Tq. Barshi, Dist. Solapur. ... Respondent
.....
6
994-WP-1292-2021.odt
WITH
WRIT PETITION NO. 1307 OF 2021
The Chief Executive Officer
Osmanabad Janta Sahakari Bank Ltd.,
Tuljapur Road, Osmanabad,
Head Office: Main Road, Osmanabad,
Tq. and Dist. Osmanabad. ... Petitioner
VERSUS
Subhash s/o Shamrao Landge,
Aged: 65 years, Occu: Ex-employee,
R/o. Jijamata Nagar, Tuljapur,
Tq. Tuljapur, Dist. Osmanabad. ... Respondent
.....
WITH
WRIT PETITION NO. 1298 OF 2021
The Chief Executive Officer
Osmanabad Janta Sahakari Bank Ltd.,
Tuljapur Road, Osmanabad,
Head Office: Main Road, Osmanabad,
Tq. and Dist. Osmanabad. ... Petitioner
VERSUS
Savarmal s/o Lalchand Joshi,
Age: 65 years, Occu: Ex-employee,
R/o. Rukhmani Sadan, Ring Road,
Sahyog Nagar, Near Shanideo Mandir,
Latur, Tq. and Dist. Latur. ... Respondent
.....
WITH
WRIT PETITION NO. 1318 OF 2021
The Chief Executive Officer
Osmanabad Janta Sahakari Bank Ltd.,
Tuljapur Road, Osmanabad,
Head Office: Main Road, Osmanabad,
Tq. and Dist. Osmanabad. ... Petitioner
VERSUS
Arvind s/o Wamanrao Patil,
Age: 66 years, Occu: Ex-employee,
R/o. Renapur Naka, Bishan Nagar,
Near Dr. Panhale, Latur,
7
994-WP-1292-2021.odt
Tq. and Dist. Latur. ... Respondent
.....
WITH
WRIT PETITION NO. 1302 OF 2021
The Chief Executive Officer
Osmanabad Janta Sahakari Bank Ltd.,
Tuljapur Road, Osmanabad,
Head Office: Main Road, Osmanabad,
Tq. and Dist. Osmanabad. ... Petitioner
VERSUS
Dinkar s/o Vinayak Prayag,
Aged: 71 years, Occu: Ex-employee,
R/o. Tilak Nagar, Latur,
Tq. & Dist. Latur. ... Respondent
.....
WITH
WRIT PETITION NO. 1299 OF 2021
The Chief Executive Officer
Osmanabad Janta Sahakari Bank Ltd.,
Tuljapur Road, Osmanabad,
Head Office: Main Road, Osmanabad,
Tq. and Dist. Osmanabad. ... Petitioner
VERSUS
Sitaram s/o Gunderao Jadhav,
Aged: 64 years, Occu: Ex-employee,
R/o. Katpur Road, Vishwasagar City,
Latur, Tq. & Dist. Latur. ... Respondent
.....
WITH
WRIT PETITION NO. 1300 OF 2021
WITH CIVIL APPLICATION NO. 598 OF 2026 IN WP/1300/2021
The Chief Executive Officer
Osmanabad Janta Sahakari Bank Ltd.,
Tuljapur Road, Osmanabad,
Head Office: Main Road, Osmanabad,
Tq. and Dist. Osmanabad. ... Petitioner
VERSUS
Namdeo s/o Shankarrao Chikhale,
Aged: 67 years, Occu: Ex-employee,
8
994-WP-1292-2021.odt
R/o. Parth Medical & General Stores,
Jijai Chowk, Barshi Naka, Osmanabad,
T.q. and Dist. Osamanabad. ... Respondent
.....
WITH
WRIT PETITION NO. 1317 OF 2021
The Chief Executive Officer
Osmanabad Janta Sahakari Bank Ltd.,
Tuljapur Road, Osmanabad,
Head Office: Main Road, Osmanabad,
Tq. and Dist. Osmanabad. ... Petitioner
VERSUS
Vasant s/o Revappa Ghante,
Age: 64 years, Occu: Pensioner,
R/o. Narangwadi, Tq. Omerga,
Dist. Osamanabad. ... Respondent
.....
WITH
WRIT PETITION NO. 1309 OF 2021
The Chief Executive Officer
Osmanabad Janta Sahakari Bank Ltd.,
Tuljapur Road, Osmanabad,
Head Office: Main Road, Osmanabad,
Tq. and Dist. Osmanabad. ... Petitioner
VERSUS
Jaidrath s/o Gurappa Wadmali (Mali),
Aged: 67 years, Occu: Ex-employee,
R/o. Plot No.50, Sidheshwar Housing
Soceity, Dahitane, Solapur, Tq.& Dist. Solapur. ... Respondent
.....
WITH
WRIT PETITION NO. 1311 OF 2021
The Chief Executive Officer
Osmanabad Janta Sahakari Bank Ltd.,
Tuljapur Road, Osmanabad,
Head Office: Main Road, Osmanabad,
Tq. and Dist. Osmanabad. ... Petitioner
VERSUS
Shripati s/o Vithoba Kalkote,
9
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Aged: 66 years, Occu: Ex-employee,
R/o. Chungi,
Tq. Akkalkot, Dist. Solapur. ... Respondent
.....
WITH
WRIT PETITION NO. 1329 OF 2021
The Chief Executive Officer
Osmanabad Janta Sahakari Bank Ltd.,
Tuljapur Road, Osmanabad,
Head Office: Main Road, Osmanabad,
Tq. and Dist. Osmanabad. ... Petitioner
VERSUS
Narayan s/o Jyotiba Magar,
Age: 63 years, Occu: Pensioner,
R/o. Magar Niwas, Sant Gorobakaka Nagar, Sanja
Road Osmanabad, T.q. and Dist. Osamanabad. ... Respondent
.....
WITH
WRIT PETITION NO. 1303 OF 2021
The Chief Executive Officer
Osmanabad Janta Sahakari Bank Ltd.,
Tuljapur Road, Osmanabad,
Head Office: Main Road, Osmanabad,
Tq. and Dist. Osmanabad. ... Petitioner
VERSUS
Balbhim s/o Nagorao Mane,
Aged: 65 years, Occu: Ex-employee,
R/o. At Dabka, Post : Turori,
Tq. Omerga, Dist. Osmanabad. ... Respondent
.....
WITH
WRIT PETITION NO. 1308 OF 2021
The Chief Executive Officer
Osmanabad Janta Sahakari Bank Ltd.,
Tuljapur Road, Osmanabad,
Head Office: Main Road, Osmanabad,
Tq. and Dist. Osmanabad. ... Petitioner
VERSUS
Subhash s/o Jeevandhar Deshmane,
10
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Aged: 64 years, Occu: Ex-employee,
R/o. 26/243, Kuldeep, Bank Colony,
Behind Police Lane, Osmanabad,
Tq. and Dist. Osmanabad. ... Respondent
.....
WITH
WRIT PETITION NO. 1326 OF 2021
The Chief Executive Officer
Osmanabad Janta Sahakari Bank Ltd.,
Tuljapur Road, Osmanabad,
Head Office: Main Road, Osmanabad,
Tq. and Dist. Osmanabad. ... Petitioner
VERSUS
Vilas s/o Dattopant Ingole,
Age: 65 years, Occu: Pensioner,
R/o. 'Geeta', Jawahar Nagar, Omerga,
Tq. Omerga, Dist. Osamanabad. ... Respondent
.....
WITH
WRIT PETITION NO. 1304 OF 2021
The Chief Executive Officer
Osmanabad Janta Sahakari Bank Ltd.,
Tuljapur Road, Osmanabad,
Head Office: Main Road, Osmanabad,
Tq. and Dist. Osmanabad. ... Petitioner
VERSUS
Maruti s/o Tulshiram Akoskar
Aged: 65 years, Occu: Ex-employee,
R/o. Washi, Tq. Washi, Dist. Osmanabad. ... Respondent
.....
WITH
WRIT PETITION NO. 1312 OF 2021
The Chief Executive Officer
Osmanabad Janta Sahakari Bank Ltd.,
Tuljapur Road, Osmanabad,
Head Office: Main Road, Osmanabad,
Tq. and Dist. Osmanabad. ... Petitioner
VERSUS
Gorakh s/o Sambhaji Kamble
11
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Aged: 69 years, Occu: Ex-employee,
R/o. Nanded Road, front of Venkatesh
Traders, Near Phenominal Hospital,
Latur, Tq. & Dist. Latur. ... Respondent
.....
WITH
WRIT PETITION NO. 1315 OF 2021
The Chief Executive Officer
Osmanabad Janta Sahakari Bank Ltd.,
Tuljapur Road, Osmanabad,
Head Office: Main Road, Osmanabad,
Tq. and Dist. Osmanabad. ... Petitioner
VERSUS
Venkat s/o Nagnath Devkate,
Aged: 66 years, Occu: Ex-employee,
R/o. 847, Gondil Plot, Uplai Road,
Barshi, Dist. Solapur. ... Respondent
.....
WITH
WRIT PETITION NO. 1306 OF 2021
The Chief Executive Officer
Osmanabad Janta Sahakari Bank Ltd.,
Tuljapur Road, Osmanabad,
Head Office: Main Road, Osmanabad,
Tq. and Dist. Osmanabad. ... Petitioner
VERSUS
Ganpati s/o Bhausing Rathod,
Aged: 66 years, Occu: Ex-employee,
R/o. Jahagirdarwadi, Osmanabad
Tq. & Dist. Osmanabad. ... Respondent
.....
WITH
WRIT PETITION NO. 1295 OF 2021
The Chief Executive Officer
Osmanabad Janta Sahakari Bank Ltd.,
Tuljapur Road, Osmanabad,
Head Office: Main Road, Osmanabad,
Tq. and Dist. Osmanabad. ... Petitioner
VERSUS
12
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Smt. Ashwini Shrirang Pathak,
(L.Rs. of deceased Shrirang Dattatraya Pathak)
Age: 55 years, Occu: Ex-employee,
R/o. C/o. Hanumandas Shivnarayan Tapde,
Behind 14 Number School, H.No. 1550,
Subhash Nagar, Barshi, Dist. Latur. ... Respondent
.....
WITH
WRIT PETITION NO. 1305 OF 2021
The Chief Executive Officer
Osmanabad Janta Sahakari Bank Ltd.,
Tuljapur Road, Osmanabad,
Head Office: Main Road, Osmanabad,
Tq. and Dist. Osmanabad. ... Petitioner
VERSUS
Balasaheb s/o Shankarrao Mane,
Aged: 57 years, Occu: Ex-employee,
R/o. Kakde Plot, Shail Nagar, Near
Swami Samath Mandir, Osmanabad,
Tq. & Dist. Osmanabad. ... Respondent
.....
WITH
WRIT PETITION NO. 1313 OF 2021
WITH CIVIL APPLICATION NO. 600 OF 2026 IN WP/1313/2021
The Chief Executive Officer
Osmanabad Janta Sahakari Bank Ltd.,
Tuljapur Road, Osmanabad,
Head Office: Main Road, Osmanabad,
Tq. and Dist. Osmanabad. ... Petitioner
VERSUS
Sadashiv s/o Madhavrao Bache,
Aged: 63 years, Occu: Ex-employee,
R/o. Keshav Nagar, Ambajogai Road,
Latur, Tq. & Dist. Latur. ... Respondent
-------------------------------------------------------------------------------------------------
Appearance :-
Mr. A. N. Irpatgire, Advocate for the Petitioners
Mr. M. D. Shinde, Advocate for Respondents in Writ Petition
Nos.1323/2021, 1318/2021
13
994-WP-1292-2021.odt
Mr. A. V. Patil (Indrale), Advocate for the respective Respondents in all
Writ Petitions
-------------------------------------------------------------------------------------------------
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 14.01.2026 PER COURT :
1. Heard the learned Counsel for the respective parties at length.
2. By way of the present petitions, the Petitioner assails the common Judgment and order dated 20.11.2020 passed by the learned Industrial Court, whereby the learned Industrial Court allowed the Complaints filed by the Respondents and directed the Petitioner - Bank to extend the benefit of the Seva Paritoshak Scheme in accordance with the Sevak Seva Niyam 1985. The Petitioner - Bank was further directed to pay the said benefits to all the employees with interest at the rate of 10% per annum from the date of cessation of their employment.
3. The Respondents - Employees had joined the service of the Petitioner - Bank and after serving for number of years, they had retired / superannuated / taken voluntary retirement from the employment. The Petitioner - Bank had formulated Sevak Seva Niyam 1985 and made it applicable to all the Respondents - Employees. As per the Chapter 7 Rule 49 of Sevak Seva Niyam 1985, an Employee, who superannuates or dies while on service or is unable to function owing to physical or mental infirmity, is entitled to Seva Paritoshak at the rate of one month salary for every year, during which he has served subject to maximum thirty months and minimum of Rs.10,000/-.
4. The Complaints filed by Respondents - Employees were contested by the Petitioner - Bank by filing Written Statement in all the Complaints. The Petitioner - Bank raised preliminary objections that the Respondents
- Employees had not mentioned their designation and they did not come 14 994-WP-1292-2021.odt within the definition of workmen and they were having supervisory powers. The Respondents - Employees were drawing salaries more than the limit of salary mentioned in the definition of workmen and they had no locus standi to file the Complaints when the scheme itself was abolished.
5. As per the record placed before the learned Industrial Court, it transpires that The balance in the Staff Welfare Fund has been maintained since 1975-76 onward. In the year 2007-08, balance was shown as Rs.1,05,58,698.91 but in the year 2008-09, it was shown as Nil. The total amount of Staff Welfare Fund, i.e. Rs.1,05,58,098.91 was transferred into the Reserve Fund of the Petitioner - Bank. Prior to that, the amount of Rs.150.00 Lakhs was transferred from Staff Welfare Fund to Investment Fluctuation Fund. The Petitioner - Bank had paid Seva Paritoshak to General Manager, Chief Executive Officer and two other persons. One of the Employee had objected to diversion of Funds, but the Chief Executive Officer had given reply, which was contrary to the provisions of the Sevak Seva Niyam 1985. It was informed by the Petitioner - Bank that the Chapter No.7, Rule 49 of Sevak Seva Niyam 1985 have been deleted hence no question of payment of Seva Paritoshak arose. Thus, it was alleged that the Petitioner - Bank introduced illegal change and the provision of Staff Welfare Fund was unlawfully deleted from Sevak Seva Niyam 1985 vide Resolution No.7 taken in the meeting of Board of Directors dated 16.02.2012.
6. The Respondents - Employees have filed the Complaints in pursuance to the liberty granted by this Court in Writ Petition No.14194/2017. On the basis of rival contentions, identical issues came to be framed in all the Complaints and evidence was led by the respective parties in all the Complaints. The learned Industrial Court partly allowed all the Complaints, thereby directing the Petitioner - Bank to extend the 15 994-WP-1292-2021.odt benefit of Seva Paritoshak Scheme with interest at the rate of 10% per annum from the date of cessation of their employment along with cost of Rs.5000/- to each Respondents - Employees and to comply these directions within one month from the date of order.
7. The Petitioner - Bank has filed an Affidavit before this Court, which is placed at Page No.352. Paragraph Nos.3 and 4 of the said Affidavit read as under :
"3. The issue about "Seva Paritoshik" in respect to employees and writ petitions filed in this Hon'ble Court was for consideration before the Board of Directors in meeting dated 19.09.2024. The Board of Directors pursuant to the General Body resolution dated 12.08.2023 has taken decision in meeting dated 19.09.2024 that bank has deposited Rs.2,44,39,064/- in this Hon'ble Court. The amount of Seva Paritoshik will be paid under the order of this Hon'ble Court to the respondent employees on the basis of parity and without discriminating the employees as per their superannuation by deducting dues from employees.
4. The amount to be paid as "Seva Paritoshik" will be subject to withdrawing the legal proceedings unconditionally by the concerned employees from Labour Court/Industrial Court and this Hon'ble Court or any other court including the criminal complaints before Labour Court/Industrial Court and recovery proceedings before Labour Court/Industrial Court by the concerned employees along with an undertaking that in future he will not claim any amount under "Seva Paritoshik" scheme."
8. On perusal of the aforesaid Affidavit, it reveals that the Petitioner - Bank has made a specific statement that the amount of Seva Paritoshik shall be paid pursuant to the order of the learned Industrial Court, subject to the condition that the Respondents - Employees withdraw the proceedings, including the present petitions as well as other criminal proceedings. Thus, it clearly emerges that the Petitioner - Bank has shown its readiness to pay the amount in accordance with the "Seva Paritoshik" scheme dated 19.09.2024. Therefore, so far as the principal amount is concerned, I am not inclined to interfere with the order passed by the learned Industrial Court.
16994-WP-1292-2021.odt
9. As regards the interest part, the learned Industrial Court directed the Petitioner - Bank to pay interest at the rate of 10% per annum. In that behalf, the learned Industrial Court recorded its findings at Page No.246, wherein, it was observed as under :
"The respondent is in banking business. It understands the value of money, time and compounding of interest. The respondent was very well aware that it has to pay Seva Paritoshak, to the various employees that have rendered long and unblemished services, upon their cessation of employment. Inspite of that the respondent attempted to change the Service Rules in breach of the mandatory provisions of the MIR Act. Therefore this Court comes to the conclusion that the complainants are entitled for Seva Paritoshak Scheme benefits alongwith simple interest at the rate of 10% per annum from their cessation of employment till actual realisation."
10. Considering the above findings, it is revealed that only because the Petitioner is engaged in the banking business, the learned Industrial Court awarded interest at 10% per annum from the date of cessation of employment until actual realization.
11. After examining the service rules, though Seva Paritoshik forms part of the service condition, there is no provision stipulating that in the event of delayed payment, the amount shall carry interest at the rate of 10% per annum. Merely because the Petitioner is a banking institution, such rate of interest cannot be saddled upon the Petitioner.
12. The learned Counsel Mr. Irpatgire for the Petitioner submits that for certain years, the Petitioner - Bank had incurred losses and that its financial position has improved only from the year 2022 onward. He, therefore, prays for reduction of the rate of interest. The learned Counsel for Respondents fairly submit that if this Court reduces the rate of interest, the Respondents would have no objection to the same.
13. Considering the concession tendered by the Counsel for the Respondents - Employees, I am inclined to reduce the rate of interest 17 994-WP-1292-2021.odt from 10% per annum to 4% per annum. Furthermore, the order passed by the learned Industrial Court deserves to be modified to the extent that the Respondents - Employees shall be entitled to interest from the date of filing of the Complaints till the date of decision thereof, and not from the date of retirement. Accordingly, the interest at the rate of 4% per annum shall be payable from the date of filing of the Complaints till the date of decision.
14. In view thereof, the writ petitions are partly allowed. The order passed by the learned Industrial Court, to the extent of costs, is also set aside.
15. It is needless to mention that the amount deposited in this Court shall be transmitted to the learned Industrial Court, Latur. The learned Industrial Court shall calculate the payable amount by applying interest at the rate of 4% per annum from the date of filing of the Complaints till the date of decision thereof. If any shortfall is found, the learned Industrial Court shall intimate the same to the Petitioner - Bank, and the Petitioner - Bank shall deposit the balance amount within a period of six weeks from the date of such intimation.
16. In view of disposal of writ petitions, pending civil applications, if any, are also disposed of.
CIVIL APPLICATION NO. 597 OF 2026 IN WP/1319/2021 CIVIL APPLICATION NO. 599 OF 2026 IN WP/1320/2021 CIVIL APPLICATION NO. 598 OF 2026 IN WP/1300/2021 CIVIL APPLICATION NO. 600 OF 2026 IN WP/1313/2021
17. Not on board. Mentioned. Taken on board.
18. Considering averments made in the applications, the same is allowed in terms of prayer clause 'C'.
18994-WP-1292-2021.odt
19. Necessary amendment be carried out within stipulated period.
[SIDDHESHWAR S. THOMBRE, J.] Sameer/January-2026 19