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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
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 commanding the respondents to release the gratuity amount along with interest @12% and further directing the respondent No.4 to release the employees deposit link insurance amount (EDLI) along with interest at the market rate."
3. Learned counsels for the parties state that the facts of the case have already been set forth in detail in the order dated 11.11.2024.
4. For the sake of convenience, the order dated 11.11.2024 is reproduced below:-
"1. Heard l
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.
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.
The main legal point established in the judgment is that the provisions of sub-section (6) of Section 4 of the Payment of Gratuity Act, 1972 do not permit inclusion of circumstances relating to the i....
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