When an employee is found guilty, is their gratuity forfeited?
When a petitioner was removed from service for unauthorized absence from duty and asked for back wages for the period between their removal and the date of reinstatement, the petitioner did not work during that period. Can the petitioner get back wages?
From India, Ahmadabad
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76When a petitioner was removed from service for unauthorized absence from duty and asked for back wages for the period between their removal and the date of reinstatement, the petitioner did not work during that period. Can the petitioner get back wages?
From India, Ahmadabad
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How does the petitioner obtain reinstatement and the removal of service certified by any authority? It depends on the situation. If the removal is by the company and reinstatement is by the court, then he can also claim back wages.
From India, Delhi
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From India, Delhi
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Gratuity cannot be forfeited unless acts of moral turpitude or riotous behavior are proved.
Secondly, an employee, if terminated for habitual absence, should be supported by a proper inquiry. The employee has the right to demand reinstatement with back wages because, according to him, it is wrongful termination.
From India, Pune
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Secondly, an employee, if terminated for habitual absence, should be supported by a proper inquiry. The employee has the right to demand reinstatement with back wages because, according to him, it is wrongful termination.
From India, Pune
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