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BASANT BALAJI
Annamma Mathew – Appellant
Versus
Managing Committee Of The Mavelikara Taluk Co-Operative Bank Ltd – Respondent
JUDGMENT :
The petitioner retired from the service of the 2nd respondent Bank on 31.5.2018 as Secretary. On getting information that the Branch Manager and employees of Thazhakkara branch of the Society were indulging in certain misleads, a surprise inspection was ordered at the instance of the petitioner. The preliminary enquiry revealed serious lapses and illegal acts committed by the Branch Manager. The Managing committee, which met on 22.12.2016, decided to suspend the Branch Manager, and he was suspended on 22.12.2016. The Cashier and Clerk were also placed under suspension. Based on the inspection conducted, with the help of the Computer expert, it was found that there was malpractice to the tune of Rs.14,82,88,905/- and a crime was registered as Crime No.134 of 2017 by Mavelikkara Police station for the offences punishable under Sections 406, 408, 409, 417, 420, 465, 468, 120B, 34 and 471 (wrongly shown as 571) of the Indian Penal Code and Section 65 of the Information Technology (Amendment) Act, 2008. The three employees, who were responsible for the entire misappropriation, executed an agreement dated 27.10.2017 agreeing that if the loss is found to be of their deeds, the s
Retired employees are entitled to gratuity and provident fund unless disciplinary proceedings are initiated against them, and provisions of the Payment of Gratuity Act prevail over state laws.
Gratuity is a statutory entitlement not subject to withholding after superannuation absent explicit legal grounds for forfeiture, emphasizing employee protection under the Act.
Once full amount of gratuity becomes payable to the employee due to the consequences of law, then the right to get statutory interest in terms of Section 7(3A) of the Payment of Gratuity Act, cannot ....
Point of Law : It hardly needs to be emphasized that the executive instructions are not having statutory character and, therefore, cannot be termed as "law" within the meaning of aforesaid Article 30....
Disciplinary proceedings against retired employees are barred if events occurred over four years prior to charge issuance; pension and gratuity cannot be withheld without proven moral turpitude invol....
(1) Forfeiture of gratuity may be directed to the extent of damage or loss so caused or destruction of property belonging to employer.(2) Provisions of Gratuity Act have superiority over all other pr....
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....
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