Directing the employer to pay gratuity to an employee, the Bombay High Court has reiterated that gratuity of an employee cannot be forfeited under Sec4(6) (b) of Payment of gratuity Act
https://www.livelaw.in/news-updates/...-issued-147017
This case law is interesting and gives facts which every HR should be conversant with while dealing with Gratuity cases
From India, Pune
3131https://www.livelaw.in/news-updates/...-issued-147017
This case law is interesting and gives facts which every HR should be conversant with while dealing with Gratuity cases
From India, Pune
If we critically analyze the provisions relating to forfeiture of gratuity of an employee u/s 4(6) of the Payment of Gratuity Act,1972, we will understand that it is only a follow up action arising out of and subsequent to the cause of action of dismissal on account of the specific misconducts mentioned there in. The underlying logic is that gratuity being a terminal benefit for blemishless service, it cannot be extended to an employee terminated on account of the grave misconducts enumerated in the subsection.
From India, Salem
From India, Salem
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.
FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc