The Chairman and M.D., UCO Bank and Others vs Shambhu Sharan Singh

R.M. Doshit, C.J.—This Appeal preferred under Clause 10 of the Letters Patent arises from the judgment and order dated 11th October, 2010 passed by the learned Single Judge in above C.W.J.C. No. 3503 of 2010 Shambbu Sharan Singh Vs. The Chairman and Managing Director UCO Bank and Others . The respondent-writ petitioner was the employee of the appellant-UCO Bank (hereinafter referred to as "the Bank"). On reaching the age of superannuation he retired from service in the year 2008. The amount of gratuity payable to him was withheld by the Bank on the ground that a criminal prosecution was pending against him.

Challenge to the action of the Bank in the writ petition has succeeded. The learned Single Judge has directed the Bank to pay the amount of gratuity to the writ petitioner.

It is not in dispute that the service of the writ petitioner was not terminated on disciplinary grounds. On his retirement he was entitled to receive the amount of gratuity. The action of the Bank in withholding the amount of gratuity was clearly in violation of Section 4 read with Section 14 of the Payment of Gratuity Act, 1972.

The action has rightly been set aside by the learned Single Judge. No case for interference is made out. The Appeal is dismissed in limine. Interlocutory Application No. 1332 of 2011 stands disposed of.