Allahabad High Court says gratuity due to employee cannot be stopped

The Allahabad High Court has held that Under no conditions, the gratuity of an employee is prevented. Even if the decree passed by the Court or in some other way proves the employee’s responsibility, his reimbursement cannot be entitled to gratuity.

This order was passed by a division bench on the petition of bank employee Bhudev Trivedi on Wednesday by Chief Justice Govind Mathur and Justice Piyush Aggarwal.

The Court ordered the bank to make the payment within 15 days, stating it unlawful to stop the gratuity payment to bank employees who were guarantors when the company’s account was NPA (Non-Performing Asset).

The bench specified that there is a clause in the petitioner’s service manual on the basis of which gratuity can be suspended. Even in the Payment of Gratuity Act, there is no clause to avoid gratuity.

Even if the order issued by a judge or in some other way shows the fault of the petitioner, the sum of gratuity cannot be reimbursed.

The Court ordered the bank to pay the petitioner’s gratuity with interest within 15 days.

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