PUNJAB NATIONAL BANK Vs. DEPUTY LABOUR COMMISSIONER (CENTRAL)

JUDGEMENT

(1.) Present writ petition under Articles 226/227 of the Constitution of India is for issuance of a writ in the nature of certiorari for quashing the impugned order dated 27.11.2015 (Annexure P/10) passed by respondent No.2, whereby he has illegally allowed the claim of respondent No. 3 for release of retiral benefits i.e., gratuity in clear violation of section 4(6) of the Payment of Gratuity Act, 1972 (for short, "the Gratuity Act") and Sec. 10(1)()b)(1) of Banking Regulations Act, 1949 (for short, "the 1949 Act").

(2.) Facts relevant for the purpose of decision of this writ petition; that Subhash Chander Salgotra, respondent No.3 herein had joined service on 1.1.1983 as a workman in New Bank of India, which was subsequently amalgamated with the petitioner-bank. Respondent No. 3 was issued a charge sheet dated 11.2006 for various irregularities committed by him while working at Branch Office, Sector 19, Chandigarh. He filed reply on 6.1.2007 to the said charge sheet which was found to be unsatisfactory and the Enquiry Officer was appointed to look into the veracity of the charges. However, before the conclusion of the disciplinary proceedings, FIR No. 176 dated 10.11.2016 under Sec. 489-B and 489- C of the Indian Penal Code was registered against respondent No. 3 for his illegal conduct of having possession of 33 fake currency notes of Rs. 1000 denomination, which were recovered from his possession during the duty hours, while he was working as Cashier in the petitioner-bank. Respondent No. 3, vide judgment dated

(3.) As per the petitioner-bank, the mandatory provisions of Sec. 10(1)(b)(1) of the 1949 Act, there is a clear cut prohibition upon the Bank to employ any person who has been convicted for an offence involving moral turpitude and for ready reference Sec. 10(1)(B)(1) of the 1949 Act is extracted below:-