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HARISANKAR V. MENON
State Bank of India, Represented by Its Assistant General Manager (HR) – Appellant
Versus
Controlling Authority, Oolimiugal, Kakkanad, Kochi – Respondent
JUDGMENT :
Harisankar V. Menon, J.
The petitioner in these writ petitions is challenging Ext.P8 appellate orders issued by the 2nd respondent in these cases, by which the appeals filed by the petitioner against the proceedings of the 1st respondent stood dismissed.
2. The short facts, necessary for the disposal of these writ petitions, as culled out from W.P.(C) No.35210 of 2019, are as under;
The 3rd respondent in this writ petition was working as a Janatha Deposit Collector essentially on a commission basis from 24.01.1980. It is pointed out that the petitioner Bank discontinued the Janatha Deposit Scheme summarily in the year 2010. On account of such discontinuance, the employees like the 3rd respondent herein were to be retrenched. A settlement was also arrived at between the Bank and similarly placed Janatha Deposit Collectors, as evidenced by Ext.P1. Under the terms of the settlement, it has been specifically recorded at serial No.2 as under;
The court ruled that a fresh appointment severed the connection with prior service, disqualifying former Janatha Deposit Collectors from claiming gratuity for that period under the Payment of Gratuit....
The Payment of Gratuity Act, 1972 overrides contractual agreements, ensuring gratuity eligibility is determined by statutory provisions rather than settlement terms.
The Payment of Gratuity Act mandates that casual workers are entitled to gratuity if they meet continuous service criteria, regardless of prior casual employment terms.
Consolidated pay does not exempt employees from gratuity rights under the Payment of Gratuity Act, 1972; entitlement extends to all employees as defined.
There is no specific provision that daily wagers are not entitled to the payment of gratuity. Considering the provisions of the Payment Of Gratuity Act, 1972 particularly Sections 3 to 5 and 14, it c....
Point of Law : Clause (e) of Rule 56 unequivocally recognizes, declares and guarantees retiring pension to every Government servant who retires on attaining the age of superannuation, or who is prema....
1. Departmental proceedings cannot be continued and a penalty cannot be imposed after an employee has ceased to be in service, in the absence of a specific provision for continuation of the proceedin....
Seasonal employees engaged for more than 240 days per year are entitled to gratuity at 15 days' wages per year under the Payment of Gratuity Act, not the lower rate.
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