Hello Seniors
I Have A Question Related To Withelding Of Gratuity After Retirement.
Is There Any Laws Under Which The Gratuity Can Be Withheld After Retirement, If So What Are The Conditions Under The Law.
My Father Retired As A Bank Manager Before An Year And His Gratuity Has Been Withheld. What Legal Steps Can Be Taken Now.
(Posting it again as i am unable to find the previous thread)
From Sweden, Vastra Frolunda
I Have A Question Related To Withelding Of Gratuity After Retirement.
Is There Any Laws Under Which The Gratuity Can Be Withheld After Retirement, If So What Are The Conditions Under The Law.
My Father Retired As A Bank Manager Before An Year And His Gratuity Has Been Withheld. What Legal Steps Can Be Taken Now.
(Posting it again as i am unable to find the previous thread)
From Sweden, Vastra Frolunda
Did your father face any legal proceeding in the bank before he retired?
Normally gratuity does not get withheld.
So you have to give further details of any reason for which bank is withholding gratuity.
From India, Pune
3131Normally gratuity does not get withheld.
So you have to give further details of any reason for which bank is withholding gratuity.
From India, Pune
No legal proceedings have been filed. But the higher authorites are demanding to recover the loans given during his tenure.
From Sweden, Vastra Frolunda
From Sweden, Vastra Frolunda
Well in this case gratuity cannot be withheld. You should write to bank higher ups regarding the matter.
From India, Pune
From India, Pune
We have notified the bank as well, they replied with the same answer to recover the loan given. We also notified the bank that we will file a case for that the bank said we can proceed.Should we consult the labour commission.
From Sweden, Vastra Frolunda
From Sweden, Vastra Frolunda
My doubt is can gratuity be withheld due to the above mentioned reason? And are their provisions under the gratuity act 1972 to withheld it after retirement.
From Sweden, Vastra Frolunda
From Sweden, Vastra Frolunda
You need to consult your advocate with specific details of the case.
Bank appears ready for a legl battle.
Off course bank fights legal cases with customers funds but you will have to use your savings for this.
From India, Pune
Bank appears ready for a legl battle.
Off course bank fights legal cases with customers funds but you will have to use your savings for this.
From India, Pune
If there is no disciplinary proceeding pending at the time of retirement at bank level like a charge-sheet and your father has been issued a clean relieving letter without laying down nay conditions therein, then the bank shall pay gratuity to your father after retirement.
B.Saikumar
From India, Mumbai
B.Saikumar
From India, Mumbai
Gratuity can not be hold unless there is a criminal proceedings in court of law against such an employee. Hence, you can approach the jurisidictional DCL (Deputy commissioner of labour) with a request in prescribed form (as provided in gratuity act) , who will intervene and sort out the issue
From India, Bangalore
From India, Bangalore
The bad debts of banks are on the rise. For popular vote-bank politics, politicians encourage banks giving loans blindly. Around election time some loans are written off. Ultimately the bank officials get caught for no fault of theirs. If a common man goes for a bank loan, we know how difficult it is to get. However , if an MLA or MP goes with his chamchas, then the matter is different. Bank officials cannot be made victims unless, the managers knowingly advanced loans to favour some one. In any case, gratuity, PF etc cannot be treated as ransom money by management. It is against law and ethics.
From India
From India
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Flow Chart for Recruitment till retirement.xls
FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc