Nishita Mhatre, J.

1. The questions which arise in the present appeal are (i) whether the employees of the UCO Bank are entitled to payment of gratuity under the Payment of Gratuity Act, 1972 or under the UCO Bank Officer Employees’ (Conduct) Regulations, 1976; (ii) whether gratuity can be denied to an employee only because he has been held guilty of having committed a misconduct without quantifying the actual loss suffered by the employer before imposing any punishment on him; (iii) whether a separate enquiry can be held by the employer for quantifying the loss suffered by the employer after imposing the punishment of removal, dismissal etc. on the employee.

2. A few facts which are necessary to decide these issues are as under:

The respondent employee was working with the appellant Bank when he was issued a charge-sheet on 20th November, 1992. A disciplinary enquiry was held against him, pursuant to which he was removed from service. The removal order indicates that he had with mala fide intentions committed the following acts: (i) allowed excess drawings beyond the sanctioned limit; (ii) continued allowing over-withdrawal in various accounts despite receiving instructions