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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJAY KUMAR MISHRA
Cuttack Central Co-Operative Bank Ltd. – Appellant
Versus
Joint Labour Commissioner – Respondent
| Table of Content |
|---|
| 1. background of gratuity claim and recovery. (Para 1 , 2 , 3 , 4) |
| 2. arguments of both parties regarding gratuity and recovery. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 3. court's analysis of legal provisions on gratuity. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36) |
| 4. court's conclusion on the legality of withholding gratuity. (Para 37) |
| 5. final dismissal of the writ petition. (Para 38 , 39 , 40) |
JUDGMENT :
1. This Writ Petition has been preferred by the Petitioner-Bank challenging the confirming Judgment and order dated 28.03.2022 passed by the Appellate Authority under Payment of Gratuity Act-Cum-Joint Labour Commissioner, Bhubaneswar, shortly hereinafter, „the Appellate Authority‟, in P.G. Appeal Case No.08 of 2021, so also the order dated 05.11.2019 passed by the Controlling Authority under the Payment of Gratuity Act-Cum-Divisional Labour Commissioner, Cuttack shortly hereinafter, „the Controlling Authority‟, in P.G. Case No.01 of 2019.
3. After receipt of the said letter, the Petitioner Bank, after thorough scrutiny on the liabilities and proceeding lying against the Opposite Party No.4,
Gratuity is a statutory entitlement not subject to withholding after superannuation absent explicit legal grounds for forfeiture, emphasizing employee protection under the Act.
Employer cannot withhold gratuity for unauthorized retention of quarters post-retirement; statutory interest of 10% applies for delayed payment.
Proper notice, quantification, and opportunity to be heard are mandatory for forfeiting gratuity under the Payment of Gratuity Act, 1972; failure to comply invalidates the forfeiture.
Advocates appeared :For the Appellant : Hans Raj Mutreja For the Respondent : Tej Kumar Malik
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Interpreting Act unequivocally indicate that payment of gratuity would not depend upon employee filing an application before employer demanding gratuity but will have to be paid immediately on cessat....
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