Dear Seniors,
Ours is a PSU organization. An employee got appointment in the Yr 1990 and at that time he had produced matriculation cert and subsequently on the basis of his submission of SSC he got promotion from time to time and other benefits. Recently before awarding further benefits his SSC cert was referred to issuing authority for verification and company got verification report wherein it has been clearly mentioned that the certificate submitted by Sri XYZ is forged & fake duly signed by board authority. On receipt of the verification report the concerned employee immediately charge-sheeted and domestic enquiry was conducted in which he did not participate and accordingly after giving full opportunity the EO submitted his report proving the charges levelled against the employee. As per rule & standing order of the company the employee has been terminated/dismissed from the service. The employer withheld his gratuity as the misconduct committed by the employee is serious in nature and comes under the moral turpitude . The emp. concerned filed a suit before RLC(C) and RLC(C) awarded/passed judgement directing employer to pay gratuity with interest. Now employer intends to prefer an appeal before Appellate authority. What is the procedure for prefering appeal and what is the procedure . Is there any statutory format for appeal. Kindly help.
From India, Koraput
4Ours is a PSU organization. An employee got appointment in the Yr 1990 and at that time he had produced matriculation cert and subsequently on the basis of his submission of SSC he got promotion from time to time and other benefits. Recently before awarding further benefits his SSC cert was referred to issuing authority for verification and company got verification report wherein it has been clearly mentioned that the certificate submitted by Sri XYZ is forged & fake duly signed by board authority. On receipt of the verification report the concerned employee immediately charge-sheeted and domestic enquiry was conducted in which he did not participate and accordingly after giving full opportunity the EO submitted his report proving the charges levelled against the employee. As per rule & standing order of the company the employee has been terminated/dismissed from the service. The employer withheld his gratuity as the misconduct committed by the employee is serious in nature and comes under the moral turpitude . The emp. concerned filed a suit before RLC(C) and RLC(C) awarded/passed judgement directing employer to pay gratuity with interest. Now employer intends to prefer an appeal before Appellate authority. What is the procedure for prefering appeal and what is the procedure . Is there any statutory format for appeal. Kindly help.
From India, Koraput
Refer for cases where forfeiture of gratuity was ordered or not ordered
https://www.irtsa.net/pdfdocs/Gratui...al_Cases.pdfra
What was the grounds on which RLO upheld the payment of gtuity with interest?
Is it because RLO held that production of fake certificate was before employment commenced and not during course of employment.
You company advocate would advice you correctly as top procedure and whether a suit is maintainable or not.
Are you governed by CCS(pension ) rules?
If so refer Rule 9 (2) (b) of the CCS (Pension) Rules, 1972 which says departmental proceedings could not be instituted against an employee in respect of any event, which took place more than four years before the institution of the departmental proceedings.
From India, Pune
https://www.irtsa.net/pdfdocs/Gratui...al_Cases.pdfra
What was the grounds on which RLO upheld the payment of gtuity with interest?
Is it because RLO held that production of fake certificate was before employment commenced and not during course of employment.
You company advocate would advice you correctly as top procedure and whether a suit is maintainable or not.
Are you governed by CCS(pension ) rules?
If so refer Rule 9 (2) (b) of the CCS (Pension) Rules, 1972 which says departmental proceedings could not be instituted against an employee in respect of any event, which took place more than four years before the institution of the departmental proceedings.
From India, Pune
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