Ram Pyre Singh v. State of U P and 2 Others

Court No. - 34 Case :- WRIT - A No. - 10307 of 2020 Petitioner :- Ram Pyre Singh Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Manvendra Nath Singh Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard learned counsel for the parties. The petitioner who was working with respondent establishment as Lekhpal having been appointed in the year 1975, his services came to be terminated on 11th April, 2013 on account of absence of service as a result of disciplinary proceedings. The petitioner has not challenged the order of termination or dismissal from service , however he has claimed benefit of gratuity and GPF amount. Learned Standing Counsel submits that in view of Section 4 of the Payment of Gratuity Act, 1972, petitioner is not entitled to gratuity amount even after dismissal from service. Section 4 of the Payment of Gratuity Act, 1972 is reproduced hereunder: "4. Payment of gratuity.—(1) Gratuity shall be 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, or

(c) on his death or disablement due to accident or disease: Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement: 3[Provided further that in the case of death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs, and where any such nominees or heirs is a minor, the share of such minor, shall be deposited with the controlling authority who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed, until such minor attains majority. Explanation.—For the purposes of this section, disablement means such disablement as incapacitates an employee for the work which he was capable of performing before the accident or disease resulting in such disablement.

(2) For every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to an employee at the rate of fifteen days' wages based on the rate of wages last drawn by the employee concerned: Provided that in the case of a piece-rated employee, daily wages shall be computed on the average of the total wages received by him for a period of three months immediately preceding the termination of his employment, and, for this purpose, the wages paid for any overtime work shall not be taken into account: Provided further that in the case of 1[an employee who is employed in a seasonal establishment and who is not so employed throughout the year], the employer shall pay the gratuity at the rate of seven days' wages for each season. 2[Explanation.—In the case of a monthly rated employee, the fifteen days' wages shall be calculated by dividing the monthly rate of wages last drawn by him by twenty-six and multiplying the quotient by fifteen.]

(3) The amount of gratuity payable to an employee shall not exceed 3[ 4[such amount as may be notified by the Central Government from time to time].

(4) For the purpose of computing the gratuity payable to an employee who is employed, after his disablement, on reduced wages, his wages for the period preceding his disablement shall be taken to be the wages received by him during that period, and his wages for the period subsequent to his disablement shall be taken to be the wages as so reduced.

(5) Nothing in this section shall affect the right of an employee receive better terms of gratuity under any award or agreement or contract with the employer.

(6) Notwithstanding anything contained in sub-section (1),—

(a) the gratuity of an employee, whose services have been terminated for any act, wilful omission or negligence causing any damage or loss to, or destruction of, property belonging to the employer, shall be forfeited to the extent of the damage or loss so caused;

(b) the gratuity payable to an employee 5[may be wholly or partially forfeited]—

(i) if the services of such employee have been terminated for his riotous or disorderly conduct or any other act violence on his part, or

(ii) if the services of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment." Learned Standing Counsel further submits that the petitioner has been dismissed from service, however, he does not dispute that the GPF amount which is the petitioner's own contribution is liable to be paid . In view of above, writ petition stands disposed of with direction to the concerned respondent the petitioner's GPF amount, if any, pending shall be paid to him within a period of two months from the date of production of certified copy of this order. Order Date :- 31.10.2023 Sanjeev High Court of Judicature at Allahabad