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Sunday, 16 July 2017

STATE BANK OF INDIA FAILS TO PAY GRATUITY TO SCALE I OFFICER FROM FACE BOOK FW ERI BOI

STATE BANK OF INDIA FAILS TO PAY GRATUITY TO SCALE I OFFICER -
BUT ASSISTANT LABOUR COMMISSIONER [CENTRAL] HUBLI DIRECT SBI TO PAY GRATUITY WITH INTEREST
State Bank of India officials’ denying gratuity to an officer in Scale I, on the ground that, officer is dismissed is held as not legal, fair and just by the Assistant Labour Commissioner [Central], Government of India, Ministry of Labour, Hubli Mr.V.M.Hallur and he directed the SBI to pay the gratuity to the officer employee with interest at 10 perceent from the date of dismissal to the date of payment.
Shashikant Kulkarni, Officer was dismissed while working at Chincholli branch, Gulbarga District on certain allegations and the said dismissal is not accepted by the officer and he challenged the same in High Court of Karnataka, which is pending. Kulkarni’s request for payment of gratuity due to him is turned down by the officials of the bank, stating that, no dismissed officers of the bank is entitled for gratuity.
The denial of gratuity to him was challenged by Kulkarni before ALC [C],Hubli, who is the controlling authority under Payment of Gratuity Act, 1972 and he was represented by M. Rama Rao.
After hearing the case an order was passed on 1-5-2017 by ALC [C] directing the bank to pay gratuity of Rs.6,51,985-00 with interest at 10 p.c.p.a. from 18-7-2012 up to the date of payment. The total amount with interest up to now comes to about Rs.9.77 lakhs.
It is interesting to note from the records obtained from the bank under RTI Act that, certain officials of the bank have ignored the legal opinion expressed by their own legal department that, the denial of gratuity will not succeed on the ground of dismissal and contested the case with bank’s name, image, money, time and lost the case to satisfy their ego and to harass Kulkarni officer. 
Kulkarni suffered due to the malafide actions of certain officials of the bank.
Now, it is for the world’s biggest bank to recover the expenses incurred by the bank for the payment made to their advocate, expenses incurred in conducting the case, man days lost by the bank, from the officers responsible for creating the litigation against an poor officer, who is under illegal dismissal.
The bank has also not paid the provident fund of Kulkarni till date, in spite of his requests. Withholding provident fund of an employee is criminal breach of trust punishable with imprisonment. Now, we have to see whether the bank officials wait for filing a criminal case by Kulkarni against bank Chairman for criminal breach of trust or pay the provident fund dues to the officer early to avoid further uncalled for litigation
 
Regards, 
E.R.Iyer
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