VAIJAYANTI S. SABNIS Vs. MANAGER, PUNJAB NATIONA BANK

JUDGEMENT

(1.) Petition challenges order dtd. 4/3/2005 passed by the Appellate Authority under the Payment of Gratuity Act, 1972 allowing the Appeal preferred by the Respondent-Bank and reversing the judgment and order dtd. 24/1/2003 passed by the Controlling Authority and Assistant Labour Commissioner (C)-I, Mumbai. The Controlling Authority had allowed the application filed by the Petitioner and had directed Respondent -Bank to pay balance unpaid gratuity amount of Rs.87,945.00 together with interest @ 10% from 26/8/1995. The Controlling Authority had further directed the Respondent-Bank to pay interest @ 10% per annum on the delayed payment of gratuity of Rs.25,904.22 from 26/8/1995 to 6/11/1997. Similarly, in respect of delayed payment of Rs.4805.07 interest @10% per annum was directed to be paid from 26/8/1995 to 18/3/1998. The order dtd. 24/1/2003 was corrected vide Corrigendum.

(2.) Petitioner was employed with the Respondent-Bank on the post of Clerk-cum-Cashier on 1/12/1980. She was promoted to the post of Officer in November-1999. It appears that there were allegations of absenteeism against the Petitioner, for which she was issued memo dtd. 10/5/1995. On 26/5/1995, Petitioner tendered notice of resignation. The notice was to come into effect after end of period of three months. She apparently did not attend duties for three months but requested to adjust the notice period against leave. The resignation was apparently accepted and came into effect from 26/8/1995 i.e. after the notice period of three months. Petitioner sent letter dtd. 6/11/1997 for settlement of her legal dues and it appears that the Respondent-Bank assessed the amount of Rs.77,570.85 towards excess payment made to her. It appears that the Bank paid an amount of Rs.21,099.15 towards gratuity to the Petitioner by reducing the excess payment of Rs.77,570.85 on 6/11/1997. Later, the Bank realised that its claim of excess payment of Rs.4805.78 was erroneous and accordingly paid Rs.4805.78 to the Petitioner on 18/3/1998 thereby reducing the claim of excess amount to Rs.72,765.00.

(3.) Petitioner issued notice to pay an amount of Rs.72,765.07 towards gratuity on 11/12/1999 and filed application in Form I on 24/3/2000. She thereafter filed Application before the Controlling Authority on 8/5/2000 claiming gratuity of Rs.77,570.85. It appears that during pendency of the proceedings Petitioner filed Form-I and corrected the amount of her claim to Rs.1,13,850.00 and after deducting an amount of Rs.25,904.93 already received by her she claimed balance of Rs.87,945.07 by amending her claim. The Controlling Authority allowed the application of the Petitioner by directing payment of balance amount of gratuity of Rs.87945.78 together with interest @ 10% per annum from 26/8/1995. The Controlling Authority has directed payment of interest @ 10% per annum on delayed payment of Rs.21,099.15 for the period from 26/8/1995 to 6/11/1997. In respect of payment made to Petitioner of Rs.4805.07, there is a direction to pay interest @10% per annum from 26/8/1995 to 18/3/1998. The order dtd. 24/1/2003 was corrected vide corrigendum. RespondentBank filed Appeal before the Appellate Authority challenging the order of the Controlling Authority. The Appellate Authority has proceeded to set aside the order of the Controlling Authority by its judgment and order dtd. 4/3/2005, which is subject matter of challenge in the present Petition. The Petition came to be admitted by this Court by order dtd. 21/3/2006, which has been called out for final hearing.