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2019 Supreme(Bom) 2589
IN THE HIGH COURT OF BOMBAY AT AURANGABAD BENCH
R.V. GHUGE, J.
Maharashtra Gramin Bank and Others – Appellants
Versus
Bharatibai Ramesh Kambale and Others – Respondents
Writ Petition Nos. 12405 of 2019, 9672, 9674, 9675, 9676, 9739, 10642, 10643, 10644, 10645, 10646, 10647, 10648, 11344, 11345 of 2018, Civil Application Nos. 12139, 12140 of 2019
Decided On : 16-12-2019
Advocate Appeared:
For the Appellants : Pradeep L. Shahane, Parag P. Shahane.
For the Respondents: D.Y. Nandedkar, V.S. Undre, Vinod M. Vibhute, S.K. Adkine, W.N. Nayse.
Headnote:
Payment of Gratuity Act, 1972 - Civil Applications - Petitioner bank/management has challenged judgments - Court has dismissed petitions of some workers challenging their dismissal - Workers challenging their dismissal - Act of Gross Misconduct - Delayed application for about 1 year - Officer Unauthorizedly dealing with customer of Bank/borrowed money from persons having dealings with Bank - Dismissed for serious acts of misconduct of unauthorizedly dealing with the customers of the Bank and defrauding Bank - Acts detrimental to interest of Bank - Filed application after more than 11 years - Unauthorizedly absent from duty - Dishonest and unfaithful behaviour which is an act of gross misconduct and breach of regulations - Forfeiture in Form “M” communicated - Not abiding with the directions/procedure of Bank which is act of gross misconduct - Acts of gross misconduct involving moral turpitude - Act subversive to discipline and detrimental to interest of Bank, which is an act of gross misconduct - Delay of more than 2 years – Held, Concerned employees are guilty of misappropriation of different amounts, it will have to be left to the employer to decide whether, it desires to partly forfeit gratuity amount to extent of the misappropriation or adopt a strict stand of forfeiting the entire gratuity in order to send out a clear message that misappropriation in banking or financial institutions or for that reason in any establishment cannot be countenanced - Since petitioner bank has already taken a stand in these matters that gratuity amounts of the employees have to be forfeited, I do not find that such a decision could be faulted, it is evident that Controlling Authority and the Appellate Authority under Payment of Gratuity Act, 1972, have not decided these matters with proper application of mind - They granted gratuity amounts on misplaced sympathy and such misplaced sympathy would have no place in justice dispensation system if the act committed by the employee amounts to moral turpitude and causes grave and serious consequences - Civil Applications disposed off.
Cases Referred :
ORDER :
1. In all these matters, the petitioner bank/management has challenged the judgments delivered by the Controlling Authority and the Appellate Authority under the Payment of Gratuity Act, 1972. Each of these respondents/employees was subjected to disciplinary proceedings under the standing orders applicable to the petitioner bank. After the enquiry was concluded, they were awarded with punishments. Some challenged their dismissal from service. This Court has dismissed the petitions of some workers challenging their dismissal. Two petitions filed by the respondents, namely, Balasaheb Maruti Dhas (WP No. 9676/2018) and Gangaram Maroti Mundkar (WP No. 11344/2018), challenging their dismissal, are pending before the Central Government Industrial Tribunal, Nagpur and one case filed by the respondent Arun Bhanudasrao Jadhav (WP No. 10642/2018), is pending before this Court in Writ Petition No. 482/2016.
2. For ready reference, following are the details of the respondents/employees as provided by the learned advocate for the petitioner Bank:-
| W.P. No. | Respondent Name and Designation | Reason for Dismissal | Date of Dismissal | Date of filing application | Grounds |
| 9672 | Bhujang Sheshrao Shikhare (Cashier-cum-Clerk)
| Unauthorizedly absent from 15.01.2002 to 31.03.2004 | 31.03.2004 | 05.11.2015 | Delay of more than 11 years |
| 9674 | Bhujang Namdeoappa Kaware (Messenger) | Superannuated | 31.08.2015 | 16.06.2016 | Already paid gratuity of Rs. 5,61,753/- at the time of superannuation which is accepted by Respondent. |
| Delayed application for about 1 year. | |||||
| 9675 | Vijay Madhukar Koleshwar (Officer) | Unauthorizedly dealing with the customer of the Bank/borrowed money from the persons having dealings with the Bank. | 27.03.2004 | 15.10.2015 | Dismissed for serious acts of misconduct of unauthorizedly dealing with the customers of the Bank and defrauding the Bank. |
| Acts detrimental to the interest of the Bank. | Filed application after more than 11 years. | ||||
| Unauthorizedly absent from duty. | |||||
| 9676 | Balasaheb Maruti Dhas (Cashier-in-Charge) | Cash shortage of 5 lacs (admitted). | 03.01.2013 | 2015 | Misappropriation of Rs. 5 lacs admitted in writing. |
| Dishonest and unfaithful behaviour which is an act of gross misconduct and breach of regulations. | Forfeiture in Form “M” communicated on 09.01.2013. | ||||
| Not abiding with the directions/procedure of the Bank which is act of gross misconduct. | Acts of gross misconduct involving moral turpitude. | ||||
| Act subversive to discipline and detrimental to the interest of the Bank, which is an act of gross misconduct. | Delay of more than 2 years. | ||||
| 9739 | Rajeev Vasantrao Kurundkar (Cashier-in-Charge) | Cash shortage of Rs. 65,000/- (admitted). | 29.05.2013 | 08.09.2015 | Misappropriation of Rs. 65,000/- admitted. |
| Dishonest and unfaithful behaviour which is an act of gross misconduct and breach of regulations. | Forfeiture in Form “M” communicated on 26.10.2013. | ||||
| Act not abiding with the directions/procedure of the Bank which is act of gross misconduct. | Acts of gross misconduct involving moral turpitude. | ||||
| Act subversive to discipline and detrimental to the interest of the Bank which is an act of gross misconduct. | Delay of more than 2 years. | ||||
| 10642 | Arun Bhanudasrao Jadhav (Branch Manager) | Unauthorized purchase of cheques of Rs. 2 lacs. | 09.08.2002 | 15.10.2015 | Application filed after more than 13 years. |
| Misappropriated bank funds of Rs. 15,000/- | Serious acts of misappropriation involving moral turpitude. | ||||
| Not disbursed full loan of Rs. 15,000/- for business to customer. | Misappropriated amount of Rs. 15,000/- | ||||
| Not followed Head Office instructions/directions of the Bank carefully. | UInauthorized purchase of cheques of Rs. 2 lakhs. | ||||
| Did not serve the Bank honestly a | |||||
