word 'retirement' would include compulsory retirement,
therefore, the case of the petitioner is covered under regulation
46. The compulsory retirement cannot be treated ... that compulsory
retirement on the administrative side cannot be equated to compulsory
retirement as a punishment and had gone on to hold that gratuity could
that the term 'termination' and 'Compulsory Retirement' are
synonymous and 'Compulsory Retirement' is a major penalty under Regulation ... word 'retirement' would include
compulsory retirement, therefore, the case of the
petitioner is covered under Regulation 46. The
compulsory retirement cannot be treated
conclusion that awarding of
compulsory retirement itself is a major penalty; awarding punishment of
compulsory retirement is synonymous to compulsory retirement and in this
regard ... from service and compulsory retirement and holding
that the compulsory retirement is one of the punishment of termination from
service therefore, gratuity can be withheld
Bank. Whenever compulsory retirement
is effected by way of penalty which is imposed after holding a regular
enquiry, then the compulsory retirement leads to termination ... compulsory retirement". Whereas, Rule 17 mentions the punishment of
dismissal and also includes the retirement, the element of retirement i.e.
penalty of compulsory
Release of gratuity.
(iii) Interest over payable gratuity.
4. Release of pension (2/3rd or full):
4(i) Release of compulsory retirement pension ... termination; But compulsory
retirement cannot be equated with 'Dismissal or Removal' from
the service; In case compulsory retirement is to be construed
having
from service with 80% of Pension and 80% of Gratuity" to
"compulsory retirement from service with full pensionary benefits as admissible ... extent of Compulsory
Retirement from service with full pensionary benefits as admissible on the day of
compulsory retirement. Relevant portion of the said order
application of mind in imposing the penalty of compulsory
retirement. On this ground, compulsory retirement penalty is to be set
aside.
6) Learned counsel ... highly
impracticable to implement the order of compulsory retirement
against retired employee. If the compulsory retirement dated
30.3.2011 is to be upheld then the authorities
word 'retirement' would include compulsory retirement, therefore, the case of the petitioner is covered under regulation 46. The compulsory retirement cannot be treated ... compulsory retirement
27 As already observed above, the petitioner was not terminated but imposed a punishment of compulsory retirement, therefore Section 4(6A) of Gratuity
contends that the normal retirement of an employee cannot be
equated with compulsory retirement inflicted by way of penalty.
Therefore, gratuity and Bank’s contribution ... gratuity may be paid. In the said explanation, the denial of
gratuity to an employee, who is inflicted with the major penalty of
compulsory retirement
imposition of compulsory retirement and
7
forfeiture of gratuity. The penalty of compulsory retirement is
challenged before this Court and the matter is pending
consideration ... becoming sticky and was imposed with the penalty of compulsory
retirement and forfeiture of gratuity. Insofar as invocation of
jurisdiction of the Tribunal is concerned
