1986 JTR(SC) 368
1988 PLJR(SC) 61 ; 1986 2 Scale 879 ; 1990 Supp SCC 640 ; 1990 SCC(L&S) 370
SUPREME COURT OF INDIA
P.N. Bhagwati, CJI., V.Khalid, J.
F.R.Jesuratnam
Versus
Union Of India
Case No., 2827 of 1986
Date of Decision, 9/30/86
Matter of right of employee – Employment and service - Court are of view that gratuity is no longer a bounty but it is a matter of right of employee and it can therefore no longer be regarded as a provision in discretion of President as provided in Pension Regulations - Since there is no legal provision empowering authorities to forfeit gratuity payable to an employee – Held, Court accordingly set aside order of High court as also Order of the government forfeiting gratuity of appellant and direct that gratuity shall be paid to appellant forthwith - There will be no order as to costs of appeal - Appeal is disposed of
Matter of right of employee – Employment and service - Court are of view that gratuity is no longer a bounty but it is a matter of right of employee and it can therefore no longer be regarded as a provision in discretion of President as provided in Pension Regulations - Since there is no legal provision empowering authorities to forfeit gratuity payable to an employee – Held, Court accordingly set aside order of High court as also Order of the government forfeiting gratuity of appellant and direct that gratuity shall be paid to appellant forthwith - There will be no order as to costs of appeal - Appeal is disposed of
Judgment
P.N. BHAGWATI, CJI.
(1) SPECIAL leave granted.
(2) WE are of the view that gratuity is no longer a bounty but it is a matter of right of the employee and it can therefore no longer be regarded as a provision in the discretion of the President as provided in the Pension Regulations. Since there is no legal provision empowering the authorities to forfeit the gratuity payable to an employee, the order passed by the government forfeiting the gratuity payable to the appellant must be held to be bad and must be set aside. We accordingly set aside the order of the High court as also the Order of the government forfeiting the gratuity of the appellant and direct that gratuity shall be paid to the appellant forthwith. There will be no order as to costs of the appeal. The appeal is disposed of in these terms.