DENA BANK Vs. MANJULABEN M.THAKOR

JUDGEMENT

(1.) Heard learned Counsel for the parties: The petition impugns the order dated 16.11.2011 passed by the Appellate Authority under the Payment of Gratuity Act, 1972, which confirmed the order of the Controlling Authority dated 4.7.2011. By the impugned order, the Appellate Authority held that the Respondent, who is the wife of deceased workman, was entitled to the gratuity amount of Rs. 1,72,627 with simple interest @ 6% per annum from 4.4.2002 till 16.11.2011 aggregating to Rs. 2,72,146.

(2.) At the outset, it is contended that the. Application for the gratuity amount was filed by the Respondent after a substantial delay and the delay ought not to have been condoned. In view of the fact that the Controlling Authority by exercising his discretion has condoned the delay which order the Appellate Authority has confirmed, I am not inclined to exercise writ Jurisdiction of this Court to interfere with that finding.

(3.) The other contention of the Petitioner-Bank is as regards the deceased workman having committed an act involving moral turpitude and therefore not entitled to the gratuity amount under Section 4(6)(b)(ii) read with the- Plaintiffs' Banks Service Regulations. It is of significance to note the operative part of the dismissal order of the deceased-workman from service. It reads as follows: