I was removed from a nationalized bank, but this removal had not disqualified me for future employment. Also, it was stated in the Disciplinary Authority's orders and also in the administrative orders that "the period of suspension will not count for qualifying service for pension purposes".
These said orders were served to me on 05/12/2001. But, at that time, I was facing a CBI case in a CBI court on the same issues mentioned in the departmental chargesheet where the final orders were given by DA and the management.
On 30th April 2010, I was acquitted by the CBI court. Then, after waiting for three months from the date of the judgment of the CBI court, I represented to the bank management for the release of pension. I was reminding the bank's management, but neither pension nor the gratuity nor the Group Insurance Scheme proceeds nor the leave encashment was given to me. Now, I represented to the CMD of the Bank, who had called for the comments from the Zonal office, in turn, the ZO had called for the comments from the regional office where I last served the bank.
I was put on suspension from 30/03/1998 to 05/12/2001. I joined the bank on 21/08/1970. The concerned offices are stating that they do not possess any record or file of mine since the matter is 17/20 years old. I have all records copies, including the last drawn 10 months' particulars, etc.
My request is whether am I eligible for pension, gratuity, and other benefits mentioned above, and if so, whether full pension or a reduced amount. As I am thinking to go to court, please guide me at the earliest on what action I should take and how to proceed.
Thanks & Regards
From India, Hyderabad
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1These said orders were served to me on 05/12/2001. But, at that time, I was facing a CBI case in a CBI court on the same issues mentioned in the departmental chargesheet where the final orders were given by DA and the management.
On 30th April 2010, I was acquitted by the CBI court. Then, after waiting for three months from the date of the judgment of the CBI court, I represented to the bank management for the release of pension. I was reminding the bank's management, but neither pension nor the gratuity nor the Group Insurance Scheme proceeds nor the leave encashment was given to me. Now, I represented to the CMD of the Bank, who had called for the comments from the Zonal office, in turn, the ZO had called for the comments from the regional office where I last served the bank.
I was put on suspension from 30/03/1998 to 05/12/2001. I joined the bank on 21/08/1970. The concerned offices are stating that they do not possess any record or file of mine since the matter is 17/20 years old. I have all records copies, including the last drawn 10 months' particulars, etc.
My request is whether am I eligible for pension, gratuity, and other benefits mentioned above, and if so, whether full pension or a reduced amount. As I am thinking to go to court, please guide me at the earliest on what action I should take and how to proceed.
Thanks & Regards
From India, Hyderabad
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Being aware of all the facts of your service, you can present your case before the appropriate authorities through a good labor lawyer in your area. As for the rest of your queries, I leave it to our elite members to share their views.
From India, New Delhi
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From India, New Delhi
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Pension, gratuity and other terminal benefits of bank employees (nationalized and scheduled banks other than new generation banks) are as per the tri partite settlements made from time to time. Therefore, we are unable to comment on your case. In your case, if the order of discharge was passed with a comment that you would be entitled to all terminal benefits it should be deemed to be a discharge simpliciter and in such situation, you will be entitled to gratuity and pension as per the LTS in force. Since you are not disqualified for future employment (with banks?) and by now the CBI has acquitted, your case seems to be one without any stigma. In such a scenario I don’t think that the management is right in holding the gratuity and pension.
The second thing is that the bank has not rejected the application for granting of gratuity and pension benefits. If rejected also it was done without giving the employee any opportunity to be heard or without invoking section 4(6)(b) of the Payment of Gratuity Act which says that gratuity shall be forfeited where the employee has been dismissed for an offence involving moral turpitude. Section 4(6)(a) provides for partial forfeiture to the extent of loss caused to the employer by the conduct of the employee. Still there should be sufficient reasons for forfeiture of gratuity.
In State Bank of Travancore Vs Asst. Labour Commissioner, the Kerala High Court had dismissed the petitioner’s plea that the employee was not entitled to gratuity since his services were terminated on charges of misconduct involving riotous and disorderly behavior. The Court had then examined that the punishment of dismissal was a discharge simpliciter with superannuation benefits and without disqualification from future employment. The court also observed that the order of forfeiture of gratuity was communicated to him after the employee submitted his request/ application for grant of gratuity.
It would be worth reading the full text of the above case because the issue raised before the Controlling Authority under the Payment of Gratuity Act were not merely whether the terminated employee was entitled to gratuity or not but on the rate on which the amount of gratuity would be calculated. The gratuity rules of the bank stipulated for a higher rate rather than what is statutory as per the Act. That is why I suggested that you should refer to the terms and conditions pertaining to terminal benefits as per settlement in force between your Union and the Management of your Bank.
For your reference I have attached the above mentioned case.
Madhu.T.K
From India, Kannur
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The second thing is that the bank has not rejected the application for granting of gratuity and pension benefits. If rejected also it was done without giving the employee any opportunity to be heard or without invoking section 4(6)(b) of the Payment of Gratuity Act which says that gratuity shall be forfeited where the employee has been dismissed for an offence involving moral turpitude. Section 4(6)(a) provides for partial forfeiture to the extent of loss caused to the employer by the conduct of the employee. Still there should be sufficient reasons for forfeiture of gratuity.
In State Bank of Travancore Vs Asst. Labour Commissioner, the Kerala High Court had dismissed the petitioner’s plea that the employee was not entitled to gratuity since his services were terminated on charges of misconduct involving riotous and disorderly behavior. The Court had then examined that the punishment of dismissal was a discharge simpliciter with superannuation benefits and without disqualification from future employment. The court also observed that the order of forfeiture of gratuity was communicated to him after the employee submitted his request/ application for grant of gratuity.
It would be worth reading the full text of the above case because the issue raised before the Controlling Authority under the Payment of Gratuity Act were not merely whether the terminated employee was entitled to gratuity or not but on the rate on which the amount of gratuity would be calculated. The gratuity rules of the bank stipulated for a higher rate rather than what is statutory as per the Act. That is why I suggested that you should refer to the terms and conditions pertaining to terminal benefits as per settlement in force between your Union and the Management of your Bank.
For your reference I have attached the above mentioned case.
Madhu.T.K
From India, Kannur
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Need format/specimen copy of an appeal (from Employer) before the Dy. Commissioner of Labour (Central) against the order of the Assistant Commissioner of Labour (Central) for Payment of Gratuity Act. The employer forfeited a part of the gratuity against the financial loss to the bank.
From India, Pune
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From India, Pune
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