Dear Seniors,
Ours is a PSU organization. An employee was appointed in the year 1990, and at that time, he had produced his matriculation certificate. Subsequently, based on his submission of the SSC certificate, he received promotions and other benefits. Recently, before granting further benefits, his SSC certificate was sent to the issuing authority for verification. The company received a verification report stating that the certificate submitted by Mr. XYZ is forged and fake, duly signed by the board authority.
Upon receiving the verification report, the concerned employee was immediately charged and a domestic inquiry was conducted. Despite being given ample opportunity, the employee did not participate in the inquiry. Eventually, the Enquiry Officer submitted a report confirming the charges against the employee. Following the company's rules and standing orders, the employee was terminated/dismissed from service. The employer also withheld his gratuity, citing the seriousness of the misconduct, which falls under moral turpitude.
The employee in question filed a lawsuit before the RLC(C), and the RLC(C) ruled in favor of the employee, directing the employer to pay the gratuity with interest. Now, the employer intends to appeal before the Appellate authority. Could you please advise on the procedure for filing an appeal and if there is a statutory format for the appeal?
Kindly assist.
From India, Koraput
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7Ours is a PSU organization. An employee was appointed in the year 1990, and at that time, he had produced his matriculation certificate. Subsequently, based on his submission of the SSC certificate, he received promotions and other benefits. Recently, before granting further benefits, his SSC certificate was sent to the issuing authority for verification. The company received a verification report stating that the certificate submitted by Mr. XYZ is forged and fake, duly signed by the board authority.
Upon receiving the verification report, the concerned employee was immediately charged and a domestic inquiry was conducted. Despite being given ample opportunity, the employee did not participate in the inquiry. Eventually, the Enquiry Officer submitted a report confirming the charges against the employee. Following the company's rules and standing orders, the employee was terminated/dismissed from service. The employer also withheld his gratuity, citing the seriousness of the misconduct, which falls under moral turpitude.
The employee in question filed a lawsuit before the RLC(C), and the RLC(C) ruled in favor of the employee, directing the employer to pay the gratuity with interest. Now, the employer intends to appeal before the Appellate authority. Could you please advise on the procedure for filing an appeal and if there is a statutory format for the appeal?
Kindly assist.
From India, Koraput
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Refer to cases where forfeiture of gratuity was ordered or not ordered: [Gratuity cannot be withheld or forfeited in Disciplinary or Criminal Cases](https://www.irtsa.net/pdfdocs/Gratuity_cannot_be_withheld_or_forfeited_in_Discip linary_or_Criminal_Cases.pdf).
What were the grounds on which RLO upheld the payment of gratuity with interest? Was it because RLO held that the production of a fake certificate was before employment commenced and not during the course of employment?
Your company advocate would advise you correctly on the proper procedure and whether a suit is maintainable or not. Are you governed by CCS (pension) rules? If so, refer to Rule 9 (2) (b) of the CCS (Pension) Rules, 1972, which states that departmental proceedings could not be instituted against an employee in respect of any event that took place more than four years before the institution of the departmental proceedings.
From India, Pune
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What were the grounds on which RLO upheld the payment of gratuity with interest? Was it because RLO held that the production of a fake certificate was before employment commenced and not during the course of employment?
Your company advocate would advise you correctly on the proper procedure and whether a suit is maintainable or not. Are you governed by CCS (pension) rules? If so, refer to Rule 9 (2) (b) of the CCS (Pension) Rules, 1972, which states that departmental proceedings could not be instituted against an employee in respect of any event that took place more than four years before the institution of the departmental proceedings.
From India, Pune
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