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2017 Supreme(Bom) 465

S.C.GUPTE
Nanubhai Nichhabhai Desai – Appellant
Versus
Deputy General Manager, UCO Bank – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sameer Vaidya
For the Respondent: Ms. Rita Joshi, Mr. Swapnil Kamble

JUDGMENT :

The writ petition challenges an order passed by the Appellate Authority under Payment of Gratuity Act, 1972 (“Act”) in an appeal under Section 7(7) of the Act.

2. The Petitioner worked as a clerk with UCO Bank (“Bank”), represented by Respondent No.1 herein, for over 31 years. His services were terminated by way of compulsory retirement with effect from 5 October 1996, after finding him guilty of financial irregularities in a disciplinary enquiry held against him. In pursuance of this termination order, the Bank forfeited his gratuity. On his application, the Controlling Authority directed the Bank to pay gratuity in the sum of Rs.1,89,966/- with simple interest at the rate of 10% p.a. This order was reversed by the Appellate Authority on the Bank's appeal. Hence this petition.

3. The Controlling Authority ordered payment of gratuity on the grounds that the Bank had not issued any show cause notice to the Petitioner before forfeiting his gratuity; that the Bank had failed to prove the extent of damage or loss caused to it by the Petitioner; that the Bank did not file any criminal case or civil suit against the Petitioner; and that the Act being a measure for extending socia


































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