AI Overview...
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Withdrawal of Gratuity - The respondent filed an application for withdrawal of gratuity before the Controlling Authority, which was pending at the time. The application for withdrawal has been preferred by the respondent-workman, indicating procedural steps taken for gratuity withdrawal Bharat Coking Coal Limited through its Chairman cum Managing Director, Koyla Bhawan, Dhanbad VS Jawala Prasad, S/o Late Jagdish Prasad - Jharkhand.
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Legal Framework and Orders - Under Article 226 of the Constitution, courts have allowed gratuity withdrawal upon filing a declaration abandoning the right to the amount. Past orders have permitted withdrawal of gratuity, with conditions such as refunding interest if applicable. The courts have upheld the authority of the employer or tribunal to permit withdrawal, sometimes requiring the respondent to submit a claim letter or declaration GUJARAT STATE ROAD TRANSPORT CORPORATION VS AMBALAL GOBARBHAI PARMAR - Gujarat.
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Settlement and Disputes - In cases involving amicable settlement, parties have agreed to withdraw specific gratuity amounts without further interest claims. Petitions have been filed to quash orders preventing withdrawal, with courts generally upholding the right to withdraw gratuity once settlement is reached or proper application is made D. P. SARAF VS SUB AREA MANAGER, S E C L RAJGAMAAR PROJECT KORBA - Chhattisgarh, The Chairman and Managing Director, Indian Overseas Bank vs C.Balraj - Madras.
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Unauthorized or Fraudulent Withdrawal - Instances where gratuity was withdrawn without proper authority or through fraudulent means have been reported. In such cases, the accused or employer has been found to have withdrawn gratuity unlawfully, leading to legal action or recovery proceedings. Evidence such as reports of withdrawal from treasury and witness testimonies have been used to establish unauthorized withdrawal State of Bihar VS Birendra Kumar Singh - Patna.
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Employer's Rights and Employee Claims - Employers, including banks, have the right to recover amounts withdrawn fraudulently or unlawfully from an employee’s gratuity. Courts have upheld recovery from gratuity but have prohibited deduction of interest accrued on such amounts. Employees are entitled to approach authorities for withdrawal, but improper withdrawal can lead to disciplinary or legal consequences Mst. Dilshada Mushtaq VS Uco Bank - Jammu and Kashmir.
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Procedural Aspects - Employees or their representatives must submit proper applications or claim letters for withdrawal. In some cases, identification or verification of the employee’s identity at the time of withdrawal has been scrutinized, leading to disciplinary actions or chargesheets if irregularities are found Sandhya Mukherjee VS Union Of India - Jharkhand.
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Court's Observations and Directions - Courts have upheld orders allowing gratuity withdrawal and have emphasized the importance of proper application procedures. They have also permitted authorities to process withdrawal requests and have upheld the deposit of gratuity amounts pending resolution of disputes Principal, Institute of Road & Transport Technology, Sri Vasavi College Post, Erode VS Appellate Authority under the Payment of Gratuity Act, 1972 (Joint Commissioner of Labour), Coimbatore - Madras.
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Summary - The withdrawal of gratuity requires proper application, adherence to legal procedures, and in some cases, court approval. Unauthorized or fraudulent withdrawals are subject to legal action, with courts generally supporting the employee’s or employer’s right to withdraw or recover gratuity amounts under applicable laws and orders.
References:
- Bharat Coking Coal Limited through its Chairman cum Managing Director, Koyla Bhawan, Dhanbad VS Jawala Prasad, S/o Late Jagdish Prasad - Jharkhand, GUJARAT STATE ROAD TRANSPORT CORPORATION VS AMBALAL GOBARBHAI PARMAR - Gujarat, D. P. SARAF VS SUB AREA MANAGER, S E C L RAJGAMAAR PROJECT KORBA - Chhattisgarh, The Chairman and Managing Director, Indian Overseas Bank vs C.Balraj - Madras, State of Bihar VS Birendra Kumar Singh - Patna, Mst. Dilshada Mushtaq VS Uco Bank - Jammu and Kashmir, Sandhya Mukherjee VS Union Of India - Jharkhand, Principal, Institute of Road & Transport Technology, Sri Vasavi College Post, Erode VS Appellate Authority under the Payment of Gratuity Act, 1972 (Joint Commissioner of Labour), Coimbatore - Madras
Search Results for "Withdrawal of Gratuity Amount"
2017 0 Supreme(Jhk) 1491 • India - Jharkhand
D.N.PATEL, RATNAKER BHENGRA
the respondent, and the application for withdrawal of the gratuity amount before the Controlling Authority. ... of the gratuity amount. ... The respondent filed an application for withdrawal of the gratuity amount, which was pending before the Controlling Authority. ... It is further submitted by the counsel for the appellant that application for withdrawal of the amount has been preferred by the respondent-workman....
2004 0 Supreme(Guj) 280 • India - Gujarat
J.N.PATEL
Constitution of India, 1950 - Art. 226 - Withdrawal of gratuity amount - Order of - In view of decision dated 11.2.2004 recorded ... in SCA No. 8080/03 Court allowed the withdrawal of gratuity amount provided respondent files declaration abandoning the right to ... of the principal amount of gratuity to the respondent herein and shall refund the amount of interest to the petitioner Corporation ... is not claiming the interes....
2020 0 Supreme(Chh) 263 • India - Chhattisgarh
P.R.RAMACHANDRA MENON, PARTH PRATEEM SAHU
of gratuity and to file appropriate application for withdrawal of gratuity amount so deposited by respondent No.1. ... withdrawal of principal amount of gratuity in view of order - Present appeal is filed against interim order passed by learned Single ... respondents shall release principal amount of gratuity to appellant herein - Appellant is free to approach authority concerned for ... As regards the submission made by appellant t....
2025 Supreme(Online)(MAD) 14723 • India - High Court of Madras
M.DHANDAPANI, J
The main issue considered involved the settlement and withdrawal of the gratuity amount with no further interest claims. ... that an amicable settlement was reached, and the first respondent agreed to withdraw a specific gratuity amount. ... The petitioner filed a writ petition under Article 226 to quash an order of the second respondent regarding gratuity, established ... The 1st respondent Mr.C.Balraj, shall submit a claim letter to the 3rd respondent for withdrawing the am....
2012 0 Supreme(Pat) 1079 • India - Patna
MANDHATA SINGH
Issues: The main issue was the withdrawal of the gratuity amount by the accused and the failure to pay it to the victim, leading ... Fact of the Case: The accused was alleged to have withdrawn the gratuity amount of a retired employee from the treasury ... amount to the victim. ... P.W.7 is on the point that on 21.2.1994 this accused opposite party approached him at his residence and reported that his gratuity amount was withdrawn by him. ... He w....
2023 0 Supreme(J&K) 558 • India - Jammu and Kashmir
SANJAY DHAR
Ratio Decidendi: The bank has the right to recover the amount of fraudulent withdrawal from the gratuity of the employee as ... amount from the gratuity, and upheld the non-payment of leave encashment. ... The court also allowed the recovery of the amount from the gratuity but prohibited deduction of interest accrued on the amount. ... of the gratuity. ... Clause (a) of Section 4(6) of the Payment Gratuity Act ent....
2003 0 Supreme(Jhk) 1021 • India - Jharkhand
M.Y.EQBAL
When it came to the notice of the Management that petitioner had identified her husband at the time of withdrawal of Gratuity amount, a charge-sheet was issued against the petitioner and an Inquiry Officer was appointed. ... It is stated that as matter of fact, husband of the petitioner was not absconding rather he submitted an application for withdrawal of Gratuity amount and personally received payment through account by cheque on 22.2.1988. ... Learned, counsel therefore submitted t....
2020 0 Supreme(Mad) 2009 • India - Madras
P.D.AUDIKESAVALU
of the deposited gratuity amount. ... observations that the impugned orders are upheld, and the Third Respondent is at liberty to make necessary application for the withdrawal ... , and filed an appeal against the order to pay gratuity issued by the Second Respondent. ... The Third Respondent is at liberty to make necessary application for the withdrawal of the amount of gratuity that has been deposited by the Petitioner before the concerned authority. 6. ... There is....
2024 Supreme(Online)(GUJ) 407 • India - High Court of Gujarat
HMP
In the meantime, the respondent workman had withdrawn his gratuity amount. ... Labor Law - Gratuity Withdrawal - Sections 4, 7 of the Payment of Gratuity Act, 1972 - The court considered the petitioner's offer ... Learned Counsel for the petitioner has further submitted that in the meantime, the concerned respondent workman approached the authority for withdrawal of his gratuity amount, which was withdrawn by the respondent workman. ... He has further submitted that ....
2003 0 Supreme(Ori) 351 • India - Orissa
B.P.DAS, B.PANIGRAHI
Scheme gratuity amount and other service benefits accepted by petitioner - Differential increase in allowances after revision of ... introduced - Petitioner opted for it - Petitioners application accepted - Petitioner before date of retirement submitted application for withdrawal ... Scheme the gratuity amount and other service benefits have been extended to the petitioner and he has accepted the same. The subsequent differential increase in quarterly allow¬ances, after revision of pay has also been pai....
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