UCO BANK Vs. REGIONAL LABOUR COMMISSIONER

JUDGEMENT

(1.) NATIONALIZED UCO Bank, a body corporate, has filed this writ petition for quashing the orders dated April 25, 2001 and dated June 8/11, 2001 passed by the Regional labour Commissioner (Central) and dated september 13, 2000 passed by the Assistant labour Commissioner (Central) in proceedings under the Payment of Gratuity Act, 1972 (hereinafter referred to as 'act, 1972' ). The facts giving rise to the present writ petition are as follows:

(2.) RESPONDENT No. 3 S. P. Singh Sroy was employed as Assistant Manager (Cash) at bulandshahar Branch of the petitioner-Bank. He was compulsorily retired from the service of the Bank by way of punishment on the proven charge of misappropriation/ theft of Rs. 16,650/-vide an order dated September 2, 1997. No appeal was filed by respondent No. 3 against the said order of the Disciplinary Authority and the order was permitted to become final. Respondent No. 3 made an application for payment of gratuity, which was deposited in the employees gratuity fund during the period of his employment. The Trustees, UCO Bank employees Gratuity Fund took a decision to forfeit the gratuity payable to respondent No. 3 on the ground of proven misconduct which constituted an offence involving moral turpitude. The decision so taken was communicated to the petitioner, as is apparent from the letter of the Chief Officer dated April 3, 1999. Accordingly, the payment of gratuity was not made to respondent No. 3 by the Bank.

(3.) AGGRIEVED respondent No. 3 made an application under Section 7 of the of Act, 1972 read with Rule 10 of the Payment of Gratuity (Central) Rules, 1972 (hereinafter referred to as 'central Rules, 1972')before the Controlling authority. Notices were issued to the Bank on the application so made. The Bank submitted its reply and claimed that the gratuity of respondent No. 3 has been forfeited by the trustees of Gratuity Fund as per the letter dated april 3, 1999 in exercise of powers under section 4 (6) (b) (ii) of the Act. 1972.