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GOKULDAS KAMATH (EX BANKER)     08 August 2018

Payment of gratuity

Iam dimissed employee of a nationalised bank.I am denied of Gratuity for the reason moral turpitude.But, dismissal order is not in the speaking order,There is no m,ention of forfieture of Gratuity in the dismissal order.I want to appeal to appropriate authority.There are various grounds to appeal for gratuity payment. Please guide me where I can approach. Kindly provide me the Authority and his address where  I can appeal with my grievances and facts of this case.I am a resident of Bangalore city.My appeal to Bank is rejected



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 6 Replies

GURURAJ B   08 August 2018

you can contact 9632508177 gururajb56@gmail.com

R.Ramachandran (Advocate)     08 August 2018

Please note, payment of Gratuity, under Payment of Gratuity Act, 1972 is

payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years,-

(a) on his superannuation, or

(b) on his retirement or resignation,

(c) on his death or disablement due to accident or disease: 

In your case (a), (b) and (c) above is not applicable.  

You were dismissed from service, for whatsoever reason.

Therefore, you are not entitled to Gratuity.

GURURAJ B   08 August 2018

Dismissed employees are also eligible for pension. But we have to verify the papers.

Kumar Doab (FIN)     10 August 2018

You may pick up relevant points from some threads/links  being suggested..

 

Kumar Doab (FIN)     10 August 2018

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 5971 of 2009 ….... Rabindra Prasad S/o Late Deva Ram, Retd. Incharge, Survey and Drawing Section, Head Office, J.S.M.D.C. Ltd., Khanij Nigam Bhawan, Nepal House Area, Doranda, Ranchi-834002 at present residing at Near Sahitya Samaj Chowk, Jail Hata, P.O. & P.S. Medininagar (Daltonganj), District Palamau- 822101 (Jharkhand). … ... Petitioner Versus 1. Jharkhand State Mineral Development Corporation Limited, Khanij Nigam Bhawan, Nepal House Area, Doranda, Ranchi-834002 [Jharkhand] through its Managing Director. 2.Chief of Finance, Jharkhand State Mineral Development Corporation Limited, Khanij Nigam Bhawan, Nepal House Area, Doranda, Ranchi834002 [Jharkhand]. … ... Respondents ….... CORAM : HON'BLE MR. JUSTICE PRAMATH PATNAIK

Kumar Doab (FIN)     10 August 2018

Delhi High Court

Central Bank Of India vs Smt. Sudershan Kapoor on 25 April, 2014

Author: V. Kameswar Rao

 

Punjab-Haryana High Court

Pale Ram Kandhal vs Central Bank Of India & Ors on 28 February, 2017

 

Supreme Court of India

Canara Bank vs V.K. Awasthy on 31 March, 2005

Author: A Pasayat

Bench: Arijit Pasayat, S.H. Kapadia

 

Avoid delay and approach 

in person alongwith competent and experienced well wishers, seasoned PIP's,  a very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and share inputs /show the documents/evidence for a considered opinion..

At each location three are some counsels that specialize in such matters and they are well known.

Check for such counsels at LOCAL Labor court/CGIT, CAT, Scholl-Educational Tribunal, civil courts, HC, SC……


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