IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL)
West Bengal Gramin Bank – Appellant
Versus
Learned Deputy Chief Labour Commissioner (Central) – Respondent
JUDGMENT :
SHAMPA DUTT (PAUL), J.
1. The writ application has been preferred challenging orders dated 15th November, 2018 passed by the controlling authority in Application No. 48(7)/2017/ALC-S and 18th October, 2019 vide 48/(10)/2019.E.Dy.CLC(C) passed by the appellate authority.
2. It is the case of the petitioners that as per Clause 72 (2) (e) of the Banks Service Regulation being the Uttarbanga Kshetriya Gramin Banks Service Regulation that every officer shall be eligible for the gratuity except for reasons of being terminated by way of punishment. In this case, The Respondent No. 3 (Sri. Tapan Kumar Dey) has been admittedly terminated by way of punishment and as such as per the said regulation he is debarred to receive any Gratuity from the said Bank. The Petitioner Bank through its General Manager, issued the administrative order vide no. A&V/39/2014-2015/629/F-T.Dey on 04/08/2014 wherein the Respondent No. 3 (Sri. Tapan Kumar Dey) since dismissed was awarded with the punishment that is "Dismissal” which shall ordinarily be a disqualification for future employment as per Clause 39.1 (B) (V) of the Uttarbanga Kshetriya Gramin Bank Service (Officers and Employees) regulations, 20
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