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CHANDRA KUMAR RAI
Baroda Uttar Pradesh Bank – Appellant
Versus
Komal Ram – Respondent
JUDGMENT :
Chandra Kumar Rai, J.
1. Heard Mr. Gyan Prakash Srivastava, learned counsel for the petitioner, Mr. Shubham Kumar, learned counsel for respondent nos. 1/1 to 1/5, Mr. Anant Kumar Tiwari, learned counsel for respondent nos. 2 & 3 in the leading petition and Mr. Gyan Prakash Srivastava, learned counsel for the petitioner, Mr. Sri Narayan Mishra, learned counsel for respondent no.1, Mr. Anant Kumar Tiwari, learned counsel for respondent nos. 2 & 3 in the connected petition, i.e. Writ C No.20841 of 2024.
2. With the consent of learned counsel for the parties, both the aforesaid writ petitions are being heard finally without inviting counter affidavits in the matter.
3. Since common issues are involved in both the writ petitions, same are being disposed of by a common order. The facts stated in Writ C No.20839 of 2024 shall be treated as a leading petition.
4. Brief facts of the case stated in the leading petition are that erstwhile Purvanchal Bank, Kashi Gomti Samyut Gramin Bank are now amalgamated vide Government Notification No.3837 dated 26.11.2019 and assigned the new name “Baroda Uttar Pradesh Bank”. The Baroda Uttar Pradesh Bank came into existence w.e.f. 1.4.2020. The empl
Gratuity is a statutory right under the Payment of Gratuity Act, 1972, and cannot be forfeited without legal justification, even after dismissal for misconduct.
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.
Employer cannot withhold gratuity for unauthorized retention of quarters post-retirement; statutory interest of 10% applies for delayed payment.
Gratuity forfeiture requires a conviction for moral turpitude; without such conviction, an employee remains entitled to gratuity despite termination for misconduct.
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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