Crs versus dismissal
Subrata
(Querist) 18 May 2015
This query is : Resolved
Sir, I dismissed from bank on October,2010 but I got PF, Gratuity & getting pension also. Recently IBA declare that CRS employees are eligible to get Leave Encashment. Can I eligible to get Leave Encashment?
SUBRATA
Sudhir Kumar, Advocate
(Expert) 19 May 2015
pl;ease be clear with facts. dismissed and still getting gratuity and pension?
Rajendra K Goyal
(Expert) 19 May 2015
All relative orders and instructions need to be referred, Consult some senior employees union leader or service law lawyer.
Kumar Doab
(Expert) 19 May 2015
Dismissal per se does not imply forfeiture of Gratuity.................even pension.
If the grounds of dismissal did not warrant forfeiture and bank has not forfeited then bank has acted sensibly and protected itself from legal injury.
The guidelines for leave encashment are given by IBA and hence should be applicable.
However you may show the CRS,IBA guidelines to an able Labor Law Consultant/Service Matters lawyer/Law firm, give inputs in person and spend quality time with your counsel to proceed further in the matter.
malipeddi jaggarao
(Expert) 19 May 2015
Can you give me details of IBA instructions about entitlement of leave encashment for CRS employees. What did the instructions say only CRS or Dismissed employees? Come with full details.
malipeddi jaggarao
(Expert) 19 May 2015
Just now I have seen the Circular on the Net. It is only for CRS employees, not dismissed employees and it is effective from 30.4.2015.
Dr J C Vashista
(Expert) 20 May 2015
I have the doubt for grant/payment of gratuity and pension for a dismissed government employee.
Kumar Doab
(Expert) 20 May 2015
Dr. J.C.Vashista,
Sir,
This is an interesting thread and everyone shall benefit from the inputs in the thread and discussion.
Detailed inputs from learned experts are requested.
The dismissal per se alone should not render any employee ineligible for the payment of Gratuity,pension.
In this case apparently as per the limited information posted by the querist, probably the statutory show cause notice, opportunity of natural justice, speaking order was not issued to forfeit the Gratuity and pension………………..and/or it seems grounds of dismissal did not warrant forfeiture and in such case if bank has not forfeited then bank has acted sensibly and protected itself from legal injury.
Had the situation warranted and had the bank issued statutory show cause notice, speaking order, bank would have jumped at the opportunity and would have forfeited……………………dumping the employee in courts and to come back only with a order from court of law.
Another situation might be that the employee retired and retiral benefits…………… thus hard earned benefit which accrue to an employee……. is in the nature of "property". This right to property cannot be taken away without the due process of law…………………… even after the retiral benefits, such as pension and gratuity, had been received by the ………….(employee), they did not lose their character and continued to be covered by proviso (g) to Section 60(1) of the Code (CPC).
A comprehensive discussion with judgments in a similar query initiated by querist that suffered dismissal from PSU/Nationalized bank, is available at:
http://www.lawyersclubindia.com/forum/details.asp?mod_id=90740&offset=2#.VVxjsVJ-hkg
Kumar Doab
(Expert) 20 May 2015
@ Subrata/Author,
If the Recent IBA declaration pointed out by you is available with you, then you may post it and provide the weblink also.
There is no provision of attachment in this thread, hence copy and paste in your next post.
Otherwise as already pointed out by Mr. Mallipeddi Jaggarao, it seems you are not eligible.
Guest
(Expert) 20 May 2015
Your query is quite contradictory. On one hand you have stated that you were dismissed. On the other you have asked query about CRS employees. I think, you should first try to distinguish between the terms of dismissal and the CRS. Both are regulated in quite a different mnner under the provisions of the rules of the organisation.
Dr J C Vashista
(Expert) 21 May 2015
Dear Mr. Kumar Doab,
I fully agree with you this thread is very useful to exchange knowledge between us.
Rightly observed and pointed out by expert Sh. PS Dhingra the author has posted the query in a contradicting manner where he has given two different versions of his query, besides the fact that compulsory retirement from service is a benevolent action of the department where the authorities are kind enough to the employee, where the employee is compelled to leave the job without loosing his/her retirement benefits. On the other hand "dismissed" employee shall be debarred from the benefit of gratuity and pension etc.
You will agree "dismissal from service" is a punishment awarded to an employee after finding guilty of the charges leveled against the delinquent official. In this scenario the department shall not grant any gratuity and pension to the dismissed official, please correct me, if I am wrong.
T. Kalaiselvan, Advocate 
(Expert) 21 May 2015
A very useful information posted by expert Mr. Kumar Doab. The aspects discussed may be authenticated by relevant provision of law provided the author comes out with the details of his dismissal order.
