SURENDRA Vs. SYNDICATE BANK

JUDGEMENT

(1.) Vide the present petition, the petitioner seeks direction thereby setting aside impugned order dated 18.10.2017 of the Appellate Authority, constituted under the Payment of Gratuity Act, 1972, vide which Administrative order dated 05.03.2016 of respondent bank forfeiting the gratuity of the petitioner has been upheld. Further seeks direction thereby directing to restore order dated 12.06.2017 of the Controlling Authority vide which the controlling Authority, constituted under the Payment of Gratuity Act, 1972, directed the respondent "to pay the applicant a sum of Rs.10,00,000/- (Rupees Ten Lac) as gratuity along with simple interest @ 10% per annum on the said amount as per section 7 (3-A) of the Payment of Gratuity Act, 1972 from the date it became payable i.e. 12.10.2015 (date of compulsory retirement) till the date when it is actually paid to the applicant."

(2.) Counsel appearing on behalf of the petitioner submits that the petitioner had joined the respondent bank on 21.08.1982 and had worked in various branches/offices. He was compulsorily retired from the service on 12.10.2015. Till his compulsory retirement, he had put in 33 years and 2 months of continuous service without any break whatsoever. Hence, the petitioner had become eligible to receive full gratuity, as per the provisions of section 4 of the Payment of Gratuity Act, 1972.

(3.) However, the petitioner was served with charge sheet dated 03.11.2014 under the provisions of Syndicate Bank Officer Employees (Discipline & Appeal) Regulations, 1976. The respondent bank conducted an enquiry into the matter and the Disciplinary Authority vide its order dated 06.10.2015 imposed the punishment of compulsory retirement from the services of the bank with immediate effect.