UCO BANK Vs. ASHWANI KUMAR SHARMA

JUDGEMENT

(1.) THIS appeal has been preferred against order of learned Single Judge setting aside withholding of gratuity and leave encashment. Learned counsel for the appellants states that though 1/3rd cut in pension was also set aside by the learned Single Judge but liberty having been given to pass fresh order in that regard, such speaking order having been passed separately, the appellants have no grievance in this appeal in that regard. Thus, only surviving issue is validity of withholding of gratuity and leave encashment. At the time of admission of the appeal, 50% of the amount of gratuity and leave encashment was ordered to be paid. Learned counsel for the appellants states that the amount has already been paid.

(2.) THE respondent served the appellant respondent -Bank for about 28 years till the order of compulsory retirement was passed against him on 31.7.1997. Order of compulsory retirement was punitive order preceded by charge sheet and enquiry in which misconduct alleged against him was proved. This led to cut in pension and forfeiture of gratuity and leave encashment amount. The respondent filed writ petition challenging withholding of gratuity and leave encashment.

(3.) LEARNED Single Judge held that Regulation 46 under which gratuity was withheld, was not applicable. The said provision was applicable to punitive termination and not to punitive retirement. Similarly, Regulation 38 did not entitle the appellants to withhold leave encashment.