Hello Seniors,
I have a question related to withholding of gratuity after retirement. Are 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 a year ago, 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
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I have a question related to withholding of gratuity after retirement. Are 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 a year ago, 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
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Did your father face any legal proceedings in the bank before he retired?
Normally, gratuity does not get withheld. So, you have to provide further details of any reasons for which the bank is withholding gratuity.
From India, Pune
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3180Normally, gratuity does not get withheld. So, you have to provide further details of any reasons for which the bank is withholding gratuity.
From India, Pune
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No legal proceedings have been filed. But the higher authorites are demanding to recover the loans given during his tenure.
From Sweden, Vastra Frolunda
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From Sweden, Vastra Frolunda
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Well in this case gratuity cannot be withheld. You should write to bank higher ups regarding the matter.
From India, Pune
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From India, Pune
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We have notified the bank as well. They replied with the same answer to recover the loan given. We also informed the bank that we will file a case. The bank said we can proceed. Should we consult the labor commission?
From Sweden, Vastra Frolunda
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From Sweden, Vastra Frolunda
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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
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From Sweden, Vastra Frolunda
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You need to consult your advocate with specific details of the case. The bank appears ready for a legal battle. Of course, the bank fights legal cases with customers' funds, but you will have to use your savings for this.
From India, Pune
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From India, Pune
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If there is no disciplinary proceeding pending at the time of retirement at the bank level, such as a charge sheet, and your father has been issued a clean relieving letter without laying down any conditions therein, then the bank shall pay gratuity to your father after retirement.
B. Saikumar
From India, Mumbai
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B. Saikumar
From India, Mumbai
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Gratuity cannot be withheld unless there are criminal proceedings in a court of law against such an employee. Hence, you can approach the jurisdictional DCL (Deputy Commissioner of Labour) with a request in the prescribed form (as provided in the Gratuity Act), who will intervene and sort out the issue.
From India, Bangalore
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From India, Bangalore
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The bad debts of banks are on the rise. For popular vote-bank politics, politicians encourage banks to give loans blindly. Around election time, some loans are written off. Ultimately, 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 favor someone. In any case, gratuity, PF, etc., cannot be treated as ransom money by management. It is against the law and ethics.
From India, Bengaluru
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From India, Bengaluru
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