UCO BANK Vs. NANDLAL BECHARBHAI PATEL

JUDGEMENT

(1.) Special Civil Application Nos.18000 of 2013 and 4608 of 2014 seem to have been wrongly tagged with this petition. These petitions are ordered to be detached from this petition and be heard separately. Special Civil Application Nos.18000 of 2013 and 4608 of 2014 are ordered to be listed for final hearing on 7th March, 2018.

(2.) Present petition being Special Civil Application No.11294 of 2015 has been preferred by the Bank who has challenged the order dated 27.3.2015 passed by the Appellate Authority under Payments of Gratuity Act , 1972 vide which this respondent-employee has been held entitled to receive the gratuity amount of Rs.1,52,640/-.

(3.) Deceased husband of the respondent was an employee of the petitioner-Bank who had put in 32 years of service and was serving as Cashier. Disciplinary proceedings were initiated against the husband of the respondent for financial irregularities for which Bank suffered losses. Husband of the respondent, on 19.7.1999 was dismissed from service and ultimately, he died. After 11 years of dismissal, widow of the respondent preferred petition before the authorities for releasing of gratuity amount falling due to her deceased husband. The competent authority vide order dated 26.12.2012 directed the petitioner-Bank to pay the gratuity to the widow with 10% interest. This order came to be challenged before the Appellate Authority. However, Appellate Authority confirmed the order. As a result of which, the Bank has preferred the present petition.