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Equivalent Citations
citation codes
Case Number
Attorney(S)
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Acts
  • Section 4(6) of the Gratuity Act. The Rule 10(a)(b) of the aforesaid UCO Bank (Employees) Gratuity Fund Rules
  • provisions of sub-sections 5, 6 of Section 4, and Section 5, 13 and 14 of the Gratuity Act
  • SECTION 14 PAYMENT OF GRATUITY ACT
  • PAYMENT OF GRATUITY ACT 1972
  • Payment of Gratuity Act vis-a-vis Regulation 46(2) of the Pension Regulation
  • Payment of Gratuity Act/UCO Bank (Employees) Pension Regulations
  • provisions of sub section (6) of Section 4 of the Gratuity Act
  • Section 14 manifests that the provisions of the Gratuity Act
  • provisions of Section 19(2)(f) of the Banking Companies Act.
  • provision of UCO Bank (Employees) Gratuity Fund Rules
  • sub-section 6 of Section 4 of the Gratuity Act
  • SECTION 5 PAYMENT OF GRATUITY ACT
  • Section 4(6) of the Gratuity Act,
  • Section 13 of the Gratuity Act
  • Section 2(e)
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Attorney(S)
Judges
Acts
  • Section 4(6) of the Gratuity Act. The Rule 10(a)(b) of the aforesaid UCO Bank (Employees) Gratuity Fund Rules
  • provisions of sub-sections 5, 6 of Section 4, and Section 5, 13 and 14 of the Gratuity Act
  • SECTION 14 PAYMENT OF GRATUITY ACT
  • PAYMENT OF GRATUITY ACT 1972
  • Payment of Gratuity Act vis-a-vis Regulation 46(2) of the Pension Regulation
  • Payment of Gratuity Act/UCO Bank (Employees) Pension Regulations
  • provisions of sub section (6) of Section 4 of the Gratuity Act
  • Section 14 manifests that the provisions of the Gratuity Act
  • provisions of Section 19(2)(f) of the Banking Companies Act.
  • provision of UCO Bank (Employees) Gratuity Fund Rules
  • sub-section 6 of Section 4 of the Gratuity Act
  • SECTION 5 PAYMENT OF GRATUITY ACT
  • Section 4(6) of the Gratuity Act,
  • Section 13 of the Gratuity Act
  • Section 2(e)
Smart Summary

Structured Summary of the Opinion — Shailesh Kumar Sinha, J.

Factual and Procedural Background

The petitioners retired on superannuation in 2008 but the respondent-Bank withheld payment of gratuity on the ground that criminal proceedings, launched in 1994 by the Central Bureau of Investigation (R.C. Case No. 24(A)/94-PATH), remained pending. In the departmental proceeding (charge-sheet dated 27.6.1994), one petitioner (Shambhu Sharan Singh) received the punishment of censure by order dated 29.7.1997 and continued in service thereafter until retirement on 30.6.2008. The Bank issued provisional pension orders and expressly stated that gratuity would not be paid until conclusion of the criminal proceedings and subject to Regulation 46(2) of the UCO Bank (Employees) Pension Regulations, 1995. The petitioners filed writ petitions seeking a direction that the respondents pay the gratuity that became due on superannuation in 2008 under the Payment of Gratuity Act, 1972.

Legal Issues Presented

  1. Whether gratuity payable on retirement can be forfeited or withheld by the employer (the respondent-Bank) during the pendency of departmental or criminal/judicial proceedings under Regulation 46(2) of the UCO Bank (Employees) Pension Regulations, 1995.
  2. Whether the Bank's pension regulations and internal gratuity rules (including Rule 10 of UCO Bank (Employees) Gratuity Fund Rules) can operate to withhold gratuity when the conditions specified under Section 4(6) of the Payment of Gratuity Act, 1972 (which require termination for certain misconduct) are not satisfied.
  3. Whether the Payment of Gratuity Act, 1972 overrides inconsistent provisions in the Bank's regulations (relying on Section 14 of the Act), and whether any exemption under Section 5 of the Act has been granted to the Bank.

Arguments of the Parties

Petitioners' Arguments (as presented in the opinion)

  • The petitioner retired on superannuation with appreciation and was not terminated; the only departmental punishment earlier was censure (in 1997).
  • Gratuity under the Payment of Gratuity Act cannot be forfeited or withheld except in circumstances specified in Section 4(6) (termination for certain misconduct, acts involving moral turpitude, damage to employer property, etc.). Those pre-conditions are absent here.
  • Sections 13 and 14 of the Gratuity Act protect gratuity from attachment and give the Act overriding effect over inconsistent enactments, so the Bank cannot lawfully withhold gratuity by relying on its pension regulations.
  • No exemption under Section 5 of the Gratuity Act has been granted by the Central Government in favour of the Bank.
  • The Gratuity Act provisions are more beneficial to employees in the present factual matrix and, on that basis, petitioners sought release of gratuity with interest.

Respondent-Bank's Arguments (as presented in the opinion)

  • The Bank relied on Regulation 46(2) of its Pension Regulations to justify non-payment of gratuity during the pendency of departmental or judicial proceedings, asserting that gratuity is not payable until the conclusion of such proceedings.
  • The Bank contended that its regulations and the UCO Bank (Employees) Gratuity Fund Rules constitute a more beneficial or special scheme vis-à-vis the Gratuity Act and therefore should be given effect.
  • Though the Bank argued the applicability of its regulations, its counsel admitted that the Bank had not been able to state that a formal exemption under Section 5 of the Payment of Gratuity Act had been obtained from the Central Government.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Somprakash Rekhi v. Union of India, (1981) 1 SCC 449 To show that pension, gratuity and provident fund are distinct and independent; and that provisions contrary to the Gratuity Act must fail in view of Section 14 (overriding effect). The court relied on this authority to support the proposition that a provision inconsistent with the Payment of Gratuity Act cannot prevail and that gratuity provisions under other schemes cannot displace the Act unless validly exempted.
Municipal Corporation of Delhi v. Dharam Prakash Sharma, (1998) 7 SCC 221 Held that the Payment of Gratuity Act being a special provision for payment of gratuity prevails over pension rules (CCS (Pension) Rules) and that the mere fact that gratuity is provided for under pension rules does not disentitle employees from claiming gratuity under the Gratuity Act; Section 5 exists to permit exemption when benefits are not less favourable. The court cited and quoted paragraph 2 of this decision to reinforce that where an employer has not obtained an exemption under Section 5, the Payment of Gratuity Act will prevail over inconsistent pension provisions; this supported quashing the Bank's withholding of gratuity.

Court's Reasoning and Analysis

The court's analysis proceeded by identifying the statutory prerequisites for forfeiture/withholding of gratuity under the Payment of Gratuity Act and by examining whether the Bank's regulations could lawfully produce a different result.

  1. Statutory precondition for forfeiture: The court examined sub-section (6) of Section 4 of the Gratuity Act and observed that forfeiture is conditioned on termination for particular misconduct — (a) termination for acts, willful omission or negligence causing damage or loss to the employer, to the extent of the damage; (b) whole or partial forfeiture if services are terminated for riotous/disorderly conduct or acts constituting an offence involving moral turpitude committed in the course of employment. The court emphasized that these pre-conditions require termination of service.
  2. Fact application: The petitioner was not terminated; he received only the punishment of censure in departmental proceedings (1997) and continued in service until retirement in 2008. Therefore, the statutory preconditions for forfeiture under Section 4(6) were not met.
  3. Overriding effect and protection: The court relied on Section 13 (protection of gratuity from attachment) and Section 14 (overriding effect of the Act) of the Payment of Gratuity Act. It treated these provisions as precluding any inconsistent provision in another enactment, regulation or instrument from displacing the Act's protections.
  4. Precedential support: The court cited Somprakash Rekhi and Municipal Corporation of Delhi to demonstrate that gratuity provisions in other schemes cannot override the Payment of Gratuity Act where there is inconsistency and no valid exemption under Section 5.
  5. Bank's rules: The court observed that the Bank's own Gratuity Fund Rules (Annexure-F) essentially mirror the grounds in Section 4(6) of the Gratuity Act; in other words, the Bank's rules do not provide broader grounds for forfeiture beyond those in the Act.
  6. Reasonableness and duration: The court noted that withholding gratuity solely on account of pendency of a criminal trial that had been pending for more than 25 years could not be justified, especially in the context of interpreting beneficial legislation intended to secure retirement benefits.
  7. Conclusion of analysis: Because the statutory conditions for forfeiture were not satisfied, and because the Gratuity Act overrides inconsistent regulatory provisions absent an appropriate exemption, the Bank's orders withholding gratuity were found unsustainable in law and were quashed to the extent they withheld gratuity.

Holding and Implications

Holding: The court quashed the Bank's orders to the extent they withheld the petitioners' gratuity and directed the respondents to release the gratuity.

Core Ruling: Both writ applications were allowed to the extent of quashing the orders withholding gratuity; the respondents were directed to release the gratuity payable to the writ petitioners expeditiously, preferably within two months on production of a certified copy of the order. No costs were imposed.

Implications:

  • Direct effect on the parties: The Bank must pay the gratuity withheld to the petitioners in accordance with the court's directions (payment preferably within two months on production of a certified copy of the order).
  • Scope regarding precedent and law: The decision reaffirms that the Payment of Gratuity Act has overriding effect under Section 14 over inconsistent provisions in other regulations or enactments unless a valid exemption under Section 5 has been obtained. The court applied existing precedents (Somprakash Rekhi and Municipal Corporation of Delhi) rather than establishing a novel legal principle.
  • Limitation: The court's holding is fact-driven — it turned on the absence of termination (a statutory pre-condition for forfeiture under Section 4(6)) and the pendency of long-delayed criminal proceedings; it does not assert that gratuity can never be withheld during any pending proceedings, but confirms statutory conditions and the Act's overriding character govern the question.

This summary is based exclusively on the content of the provided opinion and does not include information beyond that text.

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    Shambhu Sharan Singh v. Chairman And Managing Director, Uco Bank

    Shailesh Kumar Sinha, J.:— The petitioners are aggrieved for being withholding the payment of gratuity on their superannuation in the year 2008 from the service of the Bank till conclusion of the criminal proceedings launched against them in the year 1994 which is pending for trial. Petitioners have prayed for a direction commanding the respondents to make payment of the gratuity which became admissible on superannuation as per the provision of the Payment of Gratuity Act, 1972 (hereinafter referred to as Gratuity Act).

    2. The matter in issue as to whether Gratuity can be forfeited/withheld during the Pendency of the criminal proceeding under the Payment of Gratuity Act/UCO Bank (Employees) Pension Regulations of the respondent-Bank. The relevant facts of both the above cases are virtually common. However, relevant facts of the case of Shambhu Sharan Singh are being referred hereinafter for appreciating the matter in issue. Petitioner while working as an Assistant Manager at Chapra Branch of the Bank was proceeded departmentally as per charge-sheet dated 27.6.1994 for certain lapses in discharge of his duty. The departmental proceedings ended with inflicting the punishment of Censure as per order dated 29.7.1997 as contained in Annexure-1. A criminal case was also launched and prosecuted by the Central Bureau of Investigation (CBI) vide R.C Case No. 24(A)/94-PATH in the year 1994 against four officials of the Bank including the petitioner which is still pending for trial (i.e pending for more than 25 years). The petitioner attended the age of superannuation on 30th of June, 2008 and as per communication dated 21.5.2008 (Annexure-2) he was advised to submit the pension papers for settlement of his terminal dues i.e provident funds, gratuity and pension. A certificate of retirement appreciating his service to the bank is also granted on 30th of June, 2008 vide Annexure-3. However, an order granting him provisional pension vide letter dated 5.8.2008 (Annexure-4) was issued under intimation to the petitioner with further communication to the effect that he shall not be paid his gratuity till conclusion of criminal proceedings and subject to the decision of the proceeding/competent authority under Regulation 46(2) of the UCO Bank (Employees) Pension Regulations, 1995 (hereinafter referred to as Pension Regulation).

    3. The case of the petitioner is that in the departmental proceeding he was not terminated from the service. The only punishment inflicted on him was of Censure that too ten years before his retirement. Accordingly, the gratuity cannot be withheld/forfeited. The Gratuity under the provisions of Payment of Gratuity Act (hereinafter referred to as the Gratuity Act) cannot be forfeited/withheld unless the concerned employee was terminated on account of serious misconduct in the departmental proceedings/judicial proceedings. Petitioner was admittedly not terminated and retired with appreciation and as such, his gratuity cannot be withheld/for feited. The further case of the petitioner is that Section 13 of the Gratuity Act prohibits attachment of the gratuity under any orders of any Civil, Revenue or Criminal Court and Section 14 manifests that the provisions of the Gratuity Act shall have effect notwithstanding anything inconsistent contained in any enactment other than the Gratuity Act.

    4. The case of the respondent-Bank relying upon the provision of Regulation 46(2) of the Pension Regulations is that the gratuity is not payable during the pendency of the criminal case against him as referred to above. The further case is that gratuity payable to the employees of the Bank is more beneficial than the gratuity payable under the Gratuity Act and as such, the provisions of pension regulation is to be given effect and in terms of Regulation 46(2) where provisional pension is being paid during the pendency of departmental or judicial proceeding gratuity is not payable during the pendency of proceeding besides Bank has its own gratuity payment rules with respect to the gratuity known as UCO Bank Employees Gratuity Fund Rules (Annexure-F of the supplementary affidavit).

    5. Before appreciating the rival submission of the parties it would be fruitful to quote the relevant provision, firstly the Regulation 46 of the UCO Bank (Employees) Pension Regulations, 1995

    6. Regulation 46. Provisional pension.—(1) An employee who has retired on attaining the age of superannuation or otherwise and against whom any departmental or judicial proceedings are instituted or departmental proceedings are continued, a provisional pension, equal to the maximum pension which would have been admissible to him, would be allowed subject to adjustment against final retirement benefits sanctioned to him, upon conclusion of the proceedings but no recovery shall be made where the pension finally sanctioned is less than the provisional pension or the pension is reduced or withheld etc. either permanently or for a specified period.

    (2) in such cases the gratuity shall not be paid to such an employee until the conclusion of the proceedings against him. The gratuity shall be paid to him on conclusion of the proceedings subject to the decision of the proceedings. Any recoveries to be made from an employee shall be adjusted against the amount of gratuity payable.

    7. The above Pension Regulations referred to the above as stated have been made by the Bank under the provisions of Section 19(2)(f) of the Banking Companies Act. The other relevant provisions which have been referred by parties are the provisions of sub-sections 5, 6 of Section 4, and Section 5, 13 and 14 of the Gratuity Act and as such, quoted below for ready reference:—

    Section 4(5) Nothing in this connection shall affect the right of an employee to receive better terms of gratuity under any award or agreement or contract with the employer.

    Section 4(6) Notwithstanding anything contained in sub-section (1)(a) the gratuity of an employee whose services have been terminated for any act, willful omission or negligence causing any damage or loss to or destruction of property belonging to the employer, shall be forfeited to the extent of the damage or loss so caused.

    (b) the gratuity payable to an employee (may be wholly or partially forfeited):—

    (i) if the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part, or

    (ii) if the services of such employee have been terminated for any act which constitutes an offence involving more turpitude, provided that such offence is committed by in the course of his employment.

    Section 5(1) Power to Exempt.— The appropriate Government may, by notification, and subject to such conditions as may be specified in the notification, exempt any establishment, factory, mine, oilfield, plantation, port, railway company or shop to which this Act applies from the operation of the provisions of this Act, if, in the opinion of the appropriate Government, the employees in such establishment, factory, mine, oilfield, plantation, port, railway or shop are in receipt of gratuity or pensionary benefits not less favourable than the benefits conferred under this act.

    (2) The appropriate Government may, by notification and subject to such conditions as may be specified in the notification exempt any employee or class of employees employed in any establishment, factory, mine, oilfield, plantation, port, railway, company or shop to which this Act applies from the operation of the provisions of this Act, if, in the opinion of the appropriate Government, such employee or class of employees are in receipt of gratuity or pensionary benefits not less favourable than the benefits conferred under this Act.

    (3) A notification issued under sub section (1) or sub-section (2) may be issued retrospectively a date not earlier than the date of commencement of this Act, but no such notification shall be issued so as to prejudicially affect the interest of any person.

    Section 13. Protection of Gratuity.—No gratuity payable under this Act (and no gratuity payable to an employee in any establishment, factory, mine, oil-field, plantation, port, railway, company or shop exempted under Section 5 shall be liable to attachment in execution of any decree or order of any civil, revenue or criminal court.

    Section 14. Act to override other enactments, etc.—The provisions of the Act or any rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than Act or in any instrument or contact having effect by virtue of any enactment other than this Act.

    8. Mr. Abhimanyu Sharma, learned counsel appearing for the petitioners, submits that admittedly the petitioner was not terminated from the services of the Bank rather retired on attaining the age of superannuation with appreciation vide Annexures-2 and 3 and as such, in absence of any provision except under Section 4(6) of the Gratuity Act, the gratuity can neither be forfeited nor withheld. He further submits that admittedly no exemption is granted by the Central Government under Section 5 exempting the applicability of the provisions of the Gratuity Act in favour of the Bank. Learned counsel for the petitioner relying upon the aforesaid provisions of Sections 13 and 14 submits that no gratuity under the Act can be attached even by Civil, Revenue or Criminal Court in execution of any decree or orders passed by the above Courts and as such, withholding of any gratuity by the Bank contrary to the above provisions is not permissible in law and any provision in the pension regulation inconsistent with the provisions of the Gratuity Act in terms of the provisions of Section 14 can have no effect in law. It is also submitted that the provision of the Gratuity Act are more beneficial to the employees which would apparent on perusal of the Annexure-C to the supplementary counter affidavit filed on behalf of the Bank where in the given case the amount of gratuity payable under the Grautity Act was higher than the amount of gratuity payable under the Regulations of the Bank. It is accordingly prayed that respondent-Bank deserves to be directed to release the gratuity with interest as per law.

    9. Mrs. Nilu Agarwal learned counsel appearing for the Bank submits that the Bank Regulations for payment of the gratuity are applicable since it being special in nature vis-a-vis the Gratuity Act which is general in nature. However, learned counsel is not in a position to state that the Bank was exempted from the applicability of the Gratuity Act in terms of Section 5 of the Act. The learned counsel also refers to the provision of UCO Bank (Employees) Gratuity Fund Rules vide Annexure-F to the counter affidavit in order to show that the aforesaid Gratuity Fund Rules of the Bank provide a more beneficial scheme vis-a-vis under the Payment of Gratuity Act 1972.

    10. Upon considering the rival submissions and on perusal of their respective pleadings/affidavit, the primary question fell for consideration is as to whether the gratuity can be forfeited/withheld during the pendency of the departmental proceedings/judicial proceedings. The facts which are not in dispute are that in the departmental proceedings the petitioner was visited with the punishment of Censure vide Annexure-4 and thereafter he continued in service for another ten years till the date of his superannuation i.e 30th of June, 2008. The criminal prosecution launched against him in the year 1994 is still pending even after lapse of more than 25 years a ground for withholding the gratuity. On considering the provisions of sub section (6) of Section 4 of the Gratuity Act it would appear that the pre-condition for forfeiting the gratuity is the termination of the services of the concerned employee for the serious misconduct or termination on the ground of his riotous or disorderly conduct or any other act of violence on his part for any act which constitutes an offence involving moral turpitude committed in course of his employment. The petitioner was admittedly not terminated. As such, any of the requirement for forfeiting/withholding the gratuity in the aforesaid provision are not attracted in the case of the petitioner. There is an another aspect of the matter that under Section 13 of the Gratuity Act attachment of gratuity in any manner either forfeiting/withholding is not permissible even in execution of any decree or orders of Civil, Revenue or Criminal Court and provision of Gratuity Act prevails and has overriding effect on any provisions contained in any enactment other than Gratuity Act which are inconsistent in terms of Section 14. In this connection references may be made to a decisions of Apex Court in the case of Somprakash Rekhi v. Union of India reported in (1981) 1 SCC 449, it was held to the effect that the pension, gratuity and provident fund all the three are different and independent to each other. The provision contrary to Gratuity Act must fail as invalid in view of Section 14 of the Act. The other decision of the case of Municipal Corporation of Delhi v. Dharam Prakash Sharma as reported in (1998) 7 SCC 221 held to the effect that Payment of Gratuity Act prevails vis-a-vis CCS (Pension) Rules, 1972 adopted by Municipal Corporation.

    11. The paragraph 2 of Municipal Corporation of Delhi case is quoted below:—

    “The short question that arises for consideration is whether the employee of the MCD would be entitled to payment of gratuity under the Payment of Gratuity Act when the MCD itself has adopted the provisions of the CCS (Pension) Rules, 1972 (hereinafter referred to as “the Pension Rules”) whereunder there is a provision both for payment of pension as well as of gratuity. The contention of the learned counsel appearing for the appellant in this court is that the payment of pension and gratuity under the Pension Rules is a package by itself and once that package is made applicable to the employees of the MCD the provisions of payment of gratuity under the Payment of Gratuity Act cannot be held applicable. We have examined carefully the provisions of the Pension Rules as well as the provisions of the Payment of Gratuity Act. The Payment of Gratuity Act being a special provision for payment of gratuity, unless there is any provision therein which excludes its applicability to an employee who is otherwise governed by the provisions of the Pension Rules, it is not possible for us to hold that the respondent is not entitled to the gratuity under the definition of “employee” in Section 2(e) which excludes the employees of the Central Government and State Governments receiving pension and gratuity under the Pension Rules but an employee of the MCD. The MCD employees, therefore, would be entitled to the payment of gratuity under the Payment of Gratuity Act. The mere fact that the gratuity is provided for under the Pension Rules will not disentitled him to get the payment of gratuity under the Payment of Gratuity Act. In view of the overriding provisions contained in Section 14 of Payment of Gratuity Act, the provision of Gratuity under the Pension Rules will have no effect. Possibly for this reason Section 5 of the Payment of Gratuity Act has conferred authority on the appropriate Government to exempt any establishment from the operation of the provisions of the Act, if in its opinion the employees of such establishment are in receipt of gratuity or pensionary benefits not less favourable than the benefits conferred under this Act. Admittedly MCD have not taken any steps to invoke the power of the Central Government under Section 5 of the Payment of Gratuity Act. In the aforesaid premises, we are of the considered opinion that the employees of the MCD would be entitled to the payment of gratuity under the Payment of Gratuity Act notwithstanding the fact that the provisions of the Pension Rules have been made applicable to them for the purpose of determining the pension. Needless to mention that the employees cannot claim gratuity available under the Pension Rules.”

    12. From the above decisions of the Apex Court it is manifest that the provision of the Gratuity Act for the purpose of payment of gratuity has to be given effect in case of any conflict with any of the provisions contained in any other Enactment, Regulation or an Act which are inconsistent with the provisions of Gratuity Act. As such, any provision with regard to the payment of gratuity in the Pension Regulations of the Bank which are inconsistent with the provision of the Act can have no effect in law and therefore, the decision of the bank withholding the payment of gratuity of the petitioner in absence of any of grounds as mentioned in sub-section 6 of Section 4 of the Gratuity Act is not sustainable in law. Moreover, the Rules of the Bank for payment of gratuity as brought by the respondent-Bank on the record vide Annexure-F to its supplementary counter affidavit virtually states only those grounds for forfeiting of the gratuity which are mentioned in Section 4(6) of the Gratuity Act. The Rule 10(a)(b) of the aforesaid UCO Bank (Employees) Gratuity Fund Rules (Annexure-F) are quoted below:—

    “(a) The gratuity of an employee to all employee shall be widely forfeited if the services have been terminated on account of any misconduct resulting in financial loss or damage to the bank, shall be forfeited to the extent of the damage or loss so caused.

    (b) The gratuity payable to an employee shall be wholly forfeited if the services of such employee have been terminated for any act which constitution (sic) of offence involving moral turpitude provided, that such offence is committed by him in the course of his employment.”

    13. Therefore, in the opinion of this court, it is the Payment of Gratuity Act vis-a-vis Regulation 46(2) of the Pension Regulation shall have effect with respect to the withholding/forfeiting the gratuity the precondition for forfeiting/withholding the gratuity under the Gratuity Act, the employees must have been terminated on the ground mentioned therein and since petitioner is admittedly not terminated from service of the Bank the gratuity cannot be forfeited/withheld. Moreover the ground for withholding the gratuity is pendency of a criminal case which is pending for trial for more than 25 years cannot be justified in law and that too while construing the beneficial legislation in respect to the payment of gratuity of the retired employee. In view of the discussions and the reasoning in the foregoing paragraphs, the orders contained in letter no. PDD/9666/2008–09/14219 dated 5.8.2008 vide Annexure-4 and the order as per letter no. PER/ER/GF/2004/914 dated 3.8.2004 vide Annexure:3 in C.W.J.C No. 3795 of 2010 are quashed to the extent of withholding the gratuity. The respondents are hereby directed to release the gratuity payable to the writ petitioners of both the above cases expeditiously, preferably within a period of two months on receipt/production of the certified copy of this order.

    14. Accordingly both the above writ applications stand allowed to the extent indicated above. No costs.

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    Shambhu Sharan Singh v. Chairman And Managing Director, Uco Bank
    (Oct 11, 2010)