Umakanthan53
Labour Law & Hr Consultant
R MOHAN
Ex-bank Manager

Dismissal from services forfiet the entire past services and hence gratuity is not eligible as per the service regulations in the Banking Industry. After dismissal, there is no service thereafter and it is understandable. How a dismissal could forfiet
the past services ? Till the date of dismissal whatever retirement benefit eligible like pension, gratuity, leave salary etc how
the Banks can refuse to an employee stating that the dismissal render the past services as Null and void. After 30 or 40 years of meritorious service if any employee dismissed for any reason, how he and his family should be denied his past service benefits ? If there is any financial loss to anyone or to the Bank, to that extent monetary benefits may be deducted.
Whatever may be the reason, stopping all the retirement benefits is not natural justice. Kindly discuss.

In a recent supreme court judgement it is clearly stated that dismissal on moral ground is not a valid reason for denial of gratuity. I hope for the same reason, other retirement benefits also should not be denied. Kindly discuss.
25th March 2015 From India, Madurai
"Dismissal" of an employee from any service whether industrial or otherwise is stigmatic in nature because it is the unilateral termination of the contract of employment by the employer on any proven serious misconduct. Particularly, in Government employment whether it is relating to the sovereign functions or otherwise the degree of sincerity, righteous conduct and the use of discretion expected of from an employee is very high compared to his counterpart elsewhere. So, normally the service rules forbid the grant of terminal benefits such as gratuity and pension to dismissed employees. Meritorious service basically implies the consistency of blemishlessness throughout the entire career of an employee. Therefore, long meritorious service can not absolve of any serious misconduct committed at the fag end of one's career Other than an aspect of consideration for any leniency. Moreover, any bank irrespective of its sectorial classification, is a financial institution owing it's survival to the positive difference between its lending and borrowing. So, absolute integrity is the essential quality of its employees irrespective of their cadre. The moment it becomes d efficient or absent, the continuance of the services of such an employee would be detrimental to both the organisation and the society. We should not forget the fact that gratuity is a lump sum award on termination of employment for blemishless service only. The standards of morality varies from situation to situation.
26th March 2015 From India, Salem
When nothing on the integrity of a employee is mentioned in the dismissal order, during the course of the banking business ie., lending in agriculture and other allied activities and in the charges they have clearly mentioned as a procedural lapses on the part of employee whether the said employee can be denied the gratuity.
23rd August 2019
When nothing on the integrity of a employee is mentioned in the dismissal order, during the course of the banking business ie., lending in agriculture and other allied activities and in the charges they have clearly mentioned as a procedural lapses on the part of employee whether the said employee can be denied the gratuity.
23rd August 2019
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