i have been awarded punishment compulary retierment , and my gratuity has been forfeited , is a person award two punishment? can bank forfeited my gratuity? i have completed 33 years of unbelemished service in Punjab national bank.
From India, Gurgaon
From India, Gurgaon
Dear Mr.Sushil
The information furnished by you are not sufficient to form an opinion on the issue raised by you. The gratuity rules applicable to you as well as the final order given to you have to be seen to answer your question.
With regards
From India, Madras
169The information furnished by you are not sufficient to form an opinion on the issue raised by you. The gratuity rules applicable to you as well as the final order given to you have to be seen to answer your question.
With regards
From India, Madras
Forfeiture of gratuity is not a penalty as it is not enumeated so under either servcie rules or standing orders and it can be forfeited only on termination for a miscondcut proved in adepartmental enquiry in terms of section 4(6) of the Gratuity Act.Thus it cannot be construed as double penalty.
B.Saikumar
HR & labour Law Advisor
Mumbai
From India, Mumbai
B.Saikumar
HR & labour Law Advisor
Mumbai
From India, Mumbai
Dear agarwal
It is not known that for what reasons your gratuity is forfeited. Generally gratuity can't be forfeited. However in exceptional cases where the misconduct is dully proved in the enquiry it is permissible. I know a case of my previous company where the cashier involved in mis-appropriation of funds & subsequently dismissed from service. His gratuty held. The person filed court case. In the first hearing of the case the presiding officer of the court advised both the parties to arrive at amicable settlememt, before it goes for final decision on its merits, because the gratuity is a social security provision. The provision of the gratuity is for worker & his family also. We have paid more than 50% gratuity to him & the issue settled. So without knowing the reasons for forfeitue of gratuity further advise is not possible.It is understood that, you have unbelemished service record then the forfeiture is not permitted. So find out the reasons in writing from the bank & decide
SDP
From India, Kolhapur
It is not known that for what reasons your gratuity is forfeited. Generally gratuity can't be forfeited. However in exceptional cases where the misconduct is dully proved in the enquiry it is permissible. I know a case of my previous company where the cashier involved in mis-appropriation of funds & subsequently dismissed from service. His gratuty held. The person filed court case. In the first hearing of the case the presiding officer of the court advised both the parties to arrive at amicable settlememt, before it goes for final decision on its merits, because the gratuity is a social security provision. The provision of the gratuity is for worker & his family also. We have paid more than 50% gratuity to him & the issue settled. So without knowing the reasons for forfeitue of gratuity further advise is not possible.It is understood that, you have unbelemished service record then the forfeiture is not permitted. So find out the reasons in writing from the bank & decide
SDP
From India, Kolhapur
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