If person charged under ipc for crime which is not connected and out of employnent then can gratuity be forfeited?
If yes what could be the examples which are not connected with employnent where gratuity could be forfeited?
From India, Pune
467If yes what could be the examples which are not connected with employnent where gratuity could be forfeited?
From India, Pune
Person eligible for gratuity under payment of gratuity act,1972 can be denied gratuity only :
The gratuity of an employee, whose services have been terminated for any act, willful 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.
The gratuity payable to an employee 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 of 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.
Here the employee is only charged under IPC and not found guilty so far and also it does not arise out of employment.So his entitlement to gratuity is not at stake.
Right to gratuity is like "right to property"
Radhey Mohan V/s DTC CAT Principal bench New Delhi. 2012
In this case described above,gratuity cannot be withheld by Department.
From India, Pune
The gratuity of an employee, whose services have been terminated for any act, willful 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.
The gratuity payable to an employee 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 of 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.
Here the employee is only charged under IPC and not found guilty so far and also it does not arise out of employment.So his entitlement to gratuity is not at stake.
Right to gratuity is like "right to property"
Radhey Mohan V/s DTC CAT Principal bench New Delhi. 2012
In this case described above,gratuity cannot be withheld by Department.
From India, Pune
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FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc