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1. As common issues are involved in the captioned petitions, with the consent of both sides, the same are hereby disposed of by this common order. For the sake of brevity and convenience, facts are borrowed from CWP- 1266-2018.

2. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dated 15.01.2016 (Annexure P-2) whereby respondent No.2-Haryana State Minor Irrigation and Tubewells Corporation Limited (for short 'HSMITC') has adjusted amount of gratuity against payment of leave encashment.

3. The petitioner is an ex-employee of HSMITC which came to be closed in July' 2002. It was a State Government owned Corporation. It had adopted Rules and Regulations application to Haryana Government employees with respect to gratuity and leave encashment. On account of closure of the unit, the employees were either retrenched or adjusted in other organizations. The petitioner herein was retrenched. At the time of his retrenchment, he was paid leave encashment equal to salary of 300 days and gratuity as per Rule 6.3 of Service-Bye-Laws, 1980 (for short '1980 Bye- Laws'). The amount of gratuity payable under 1980 Bye-Laws was less than gratuity payable under Payment of Gratuity Act, 1972 (for short '1972 Act').