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SOUMITRA SAIKIA, R. M. CHHAYA
Assam Gramin Vikash Bank, Represented by its Chairman – Appellant
Versus
Babita Gupta, Wife of Diwakar Roy – Respondent
JUDGMENT :
R.M. Chhaya, J.-
1. Feeling aggrieved and dissatisfied by the judgment and order dated 09.03.2021 passed by the learned Single Judge in Writ Petition (Civil) No. 1697/2018, the original respondents have preferred this writ appeal.
2. Heard Mr. S. Dutta, learned senior counsel assisted by Ms. S. Mochahari, appearing for the appellant, and Ms. D. Borgihain, learned counsel, with Ms. G. Purkayastha, appearing for the respondent.
3. The following noteworthy facts arise out of this appeal:
Employees of bank were found to be eligible for gratuity as per 1972 Act and, hence, they were found to be entitled to benefit of Regulation 72(1) of 2010 Regulation.
The main legal point established in the judgment is that the entitlement to gratuity under a specific regulation and a general act was determined based on the fulfillment of conditions of eligibility....
The Payment of Gratuity Act, 1972, is a beneficial welfare legislation that overrides internal service regulations. Forfeiture of gratuity is strictly limited to the specific conditions prescribed un....
The court established that the interpretation of gratuity provisions must favor the employee, ensuring better terms under the applicable regulations.
The definition of 'pay' for gratuity calculation includes special allowances, and the interest rate cannot be reduced below statutory provisions.
Gratuity cannot be withheld in cases of termination by punishment without evidence of financial loss to the employer.
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