GENERAL MANAGER Vs. PRAKASH VISHNU SHINDE

JUDGEMENT

(1.) Heard the learned Advocates appearing for the parties.

(2.) Respondent No.1 was in employment with the petitioner-bank as Regional Manager, Zonal Office, Goa. A departmental enquiry was initiated against him by issuing charge-sheet dtd. 30/10/2013. He was placed under suspension on 07/12/2013. While the enquiry was pending, respondent No.1 attained the age of superannuation on 31/12/2013. However, the enquiry continued even after his retirement and punishment of compulsory retirement was imposed on respondent No.1 vide order dtd. 29/04/2016.

(3.) The controversy in the present petition pertains to the claim of gratuity of respondent No.1. The petitioner had forfeited gratuity of respondent No.1 vide order dtd. 29/04/2016. Respondent No.1 approached the Controlling Authority under the Payment of Gratuity Act, 1972 (hereinafter referred to as the "Act" for short) challenging the action of the petitioner denying his claim for gratuity. The Controlling Authority allowed the application filed by respondent No.1 vide order dtd. 06/12/2019 holding that respondent No.1 was entitled to receive gratuity amount of Rs.10.00 lakhs with interest for the delayed payment and, accordingly, directed the petitioner to pay the said amount to respondent No.1 with accrued interest thereon. Aggrieved by the aforesaid order dtd. 06/12/2019, the petitioner preferred an appeal before the Appellate Authority under the Act. The said appeal came to be dismissed vide order dtd. 30/08/2021. The aforesaid orders are the subject matter of challenge in the present petition.