Back
IN THE HIGH COURT OF ALLAHABAD
Hon'ble Abdul Moin,J.
Anju Srivastava – Appellant
Versus
U.P. State Agro Industrial Corporation Ltd. Thru. Managing Director – Respondent
| Table of Content |
|---|
| 1. petitioner's request for quashing orders and payment of gratuity. (Para 1 , 2 , 3) |
| 2. arguments regarding withholding gratuity due to alleged misconduct. (Para 4 , 5 , 6 , 10 , 11) |
| 3. court's observations on the legality of withholding gratuity. (Para 7 , 8 , 12 , 15) |
| 4. legal interpretation of gratuity forfeiture under the act. (Para 18 , 20 , 22) |
| 5. conclusion allowing the writ petition and directing payment of gratuity. (Para 26 , 27) |
JUDGMENT :
Abdul Moin, J.
1. Heard learned counsel for the petitioner, Shri Rajeev Kumar Sinha, learned counsel appearing on behalf of respondents No.1 to 3 and Shri Akhilesh Pratap Singh, learned counsel appearing on behalf of respondent No.4.
2. The instant petition has been filed praying for the following reliefs:
"(i). To issue a writ, order or direction in the nature of certiorari quashing the letter / order No. 28/EPF/24-25 dated 16.05.2024 and letter No. 175/DEL- sthapna/ 2023-2024 dated 30.03.2024 for recovery / adjustment of Rs.6,20,101.56/- from gratuity and other dues of the petitioner's deceased husband, copies of which are annexures 1 & 2 to the writ petition.
(ii). To issue a writ, order or direction in the nature of mandamus
Gratuity cannot be withheld posthumously unless the employee's service was terminated; death in harness entitles the widow to full gratuity under the Act.
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.
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....
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....
Gratuity under the Payment of Gratuity Act cannot be withheld on the basis of dues unless misconduct is established prior to retirement.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
