IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.219 of 2011 IN CWJC No. 3795 of 2010 With I.A. No. 1333 of 2011 With I.A. No. 960 of 2011 ==================================================== 1. The Chairman & M.D.,U Co Bank Head Office at 10, Brabourne Road, Kolkata-1 2. The General Manager-Personnel, Administration, U Co Bank, Personal Administration Department null Salt Lake, Kolkata. 3. The Chief Officer (Pension) UCo Bank, Head Office-2, 3-4 DD Block Sector-1, Salt Lake, Kolkata-700064 4. The Assistant General Manager UCo Bank, Head Office-2, 3-4, DD Block, Sector-1, Salt Lake, Kolkata-700064. 5. The Deputy General Manager, UCo Bank, Head Office, Personnel Department, 12 Old Court House Street, Kolkata-700001 6. The Deputy General Manager, UCo Bank, Zonal Office, Mauryalok Complex, 4th Floor, Patna., 7. The Assistant General Manager, UCo Bank, Zonal Office, Mauryalok Complex, 4th Floor, Patna. 8. The Regional Manager, UCo Bank, Regional Office, Varanasi (Utter Pradesh) 9. The Branch Manager, UCo Bank, Balia (Utter Pradesh) All the aforesaid Officers of the UCo Bank in their official capacity are being represented through Panna Lal Mitra, S6 late Radhapada Mitra, Resident of Flat No. 302, Jai Kunj Apartment, Kidwaipuri, Patna-1 as the constituted Attorney of the Bank -Respondents - Appellants. Versus Triveni Rai, S6 late Rampujan Rai, resident of Mo:-Hridaysthali, Japlinganj Police Chowki, P.S. Ballia, District Ballia, (U.P) at present C6 S.N.Singh, Gagan Appartment, 6th Floor, Exhibition Road, District- Patna - Respondent 2 ==================================================== Appearance : For the Appellants : Mr. S.D.Sanjay, Advocate For the Respondent: Mr. Sanjay Kumar Singh, Advocate ==================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 11.03.2011 Re. Interlocutory Application No. 960 of 2011 This application under Section 5 of the Limitation Act has been filed by the appellant for condonation of delay of 76 days occurred in filing the Letters Patent Appeal. On the facts and in the circumstances of the case, the delay is condoned. Interlocutory Application stands disposed of. Re. Letters Patent Appeal No. 219 of 2011 This Appeal preferred under Clause 10 of the Letters Patent arises from the judgment and order dated 11th October 2010 passed by the learned Single Judge in above C.W.J.C. No. 3795 of 2010. The respondent-writ petitioner was the employee of the appellant-UCo Bank (hereinafter referred to as “the Bank”). On reaching the age of superannuation he retired 3 from service in the year 2004. The amount of gratuity payable to him was withheld by the Bank on the ground that a criminal prosecution was pending against him. Challenge to the action of the Bank in the writ petition has succeeded. The learned Single Judge has directed the Bank to pay the amount of gratuity to the writ petitioner. It is not in dispute that the service of the writ petitioner was not terminated on disciplinary ground. On his retirement he was entitled to receive the amount of gratuity. The action of the Bank in withholding the amount of gratuity was clearly in violation of Section 4 read with Section 14 of the of the Payment of Gratuity Act, 1972. The action has rightly been set aside by the learned Single Judge. No case for interference is made out. The Appeal is dismissed in limine. Interlocutory Application No.1333 of 2011 stands disposed of. Bibhash (R.M.Doshit, CJ.) (Jyoti Saran, J.)