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IN THE HIGH COURT OF DELHI AT NEW DELHI
RAVINDER DUDEJA
Bureau Of Outreach And Communications And DD M/o Information And Broadcasting – Appellant
Versus
Canara Bank – Respondent
| Table of Content |
|---|
| 1. challenge to execution of death gratuity (Para 1 , 2 , 3 , 4) |
| 2. exemptions under cpc for gratuity attachment (Para 5 , 6) |
| 3. contradictory claims on gratuity attachment (Para 7 , 8) |
| 4. legal heirs' entitlement to gratuity (Para 9 , 10) |
| 5. nature of gratuity attachment post-death (Para 11 , 12 , 13 , 14 , 15) |
| 6. res judicata and previous judgments relevance (Para 16 , 22 , 24) |
| 7. gratuity lapses without heirs (Para 19 , 20) |
JUDGMENT :
RAVINDER DUDEJA, J.
1. This is a petition under Article 227 of the Constitution of India challenging the impugned order dated 04.12.2019, passed by the learned Civil Judge-09, Central District, Tis Hazari Court, Delhi in Execution Petition No. 95677/2016, whereby the Executing Court issued directions for release of the death gratuity amount of Rs. 2,39,762 /- to the respondent.
2. The facts in brief are that respondent filed a suit for recovery of amount of term loan which was taken by late Sh Pranab Kumar Chaudhary against four defendants.
3. Vide judgment dated 18.04.2007, the learned Trial Court passed the ex parte decree in the sum of Rs 89,689/- alongwith pendent-lite and future interest @16% till its realization. The decree was ordered t
Gratuity payable to a deceased employee is attachable as part of the estate, provided it was not received by the employee before death, distinguishing it from cases of received gratuity.
Gratuity under the Payment of Gratuity Act cannot be withheld without established disciplinary proceedings or quantifiable losses, as per statutory provisions protecting gratuity from attachment.
Gratuity cannot be attached for recovery of debts as per statutory provisions, emphasizing the unenforceability of agreements contrary to the Payment of Gratuity Act.
Retirement benefits, including commuted pension, are protected from attachment under Section 60(g) of C.P.C., while earned leave encashment is not.
A missing person for over seven years can be presumed dead, entitling legal heirs to benefits under applicable schemes.
Gratuity cannot be withheld posthumously unless the employee's service was terminated; death in harness entitles the widow to full gratuity under the Act.
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