Interpreting Section 4(6)(b)(ii) of the Payment of Gratuity Act, the Supreme Court in its order dated 14.8.2018 (copy attached) has held that forfeiture of gratuity on the ground of misconduct which constitutes an offence involving moral turpitude is permissible only if he is convicted by a court of competent jurisdiction for the said offence. The bench of Justice Kurian Joseph and Justice Sanjay Kishan Kaul (in Union Bank of India vs. CG Ajay Babu) also observed that forfeiture of gratuity is not automatic on dismissal from service but is subject to Sub-Sections (5) and (6) of Section 4 of the Payment of Gratuity Act, 1972.
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From India, Malappuram
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From India, Malappuram
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Kudos! We Kritarth Team Learn true-blue meaning of Being Up- to-Date- aVirtue of Learned Scholar. Happy Indendence Day Kritarth Team 15.8.18
From India, Delhi
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From India, Delhi
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Dear PCA Sir,
With due respect to you and your chair, EPFO Circular No. Pension - 1 / 12 / 33 / EPS Amendment / 96 / Vol II / 34007 dated 23.03.2017 from the EPFO Head Office, in pursuance of the Honorable Supreme Court Order in SLP No. 33032 - 33033 of 2015 dated 04.10.2016, pertains to the settlement of pension cases for eligible members in light of the Supreme Court order dated 04.10.2016.
The aforementioned Apex Court ruling applies to:
1. PF Unexempted Entity OR Exempted Entity.
2. EPS 52 OR EPS 95 OR Both Schemes if the pension falls partly under the 52 Scheme and partly under the 95 Scheme.
A line in reply is appreciated.
Regards,
From India, Mumbai
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With due respect to you and your chair, EPFO Circular No. Pension - 1 / 12 / 33 / EPS Amendment / 96 / Vol II / 34007 dated 23.03.2017 from the EPFO Head Office, in pursuance of the Honorable Supreme Court Order in SLP No. 33032 - 33033 of 2015 dated 04.10.2016, pertains to the settlement of pension cases for eligible members in light of the Supreme Court order dated 04.10.2016.
The aforementioned Apex Court ruling applies to:
1. PF Unexempted Entity OR Exempted Entity.
2. EPS 52 OR EPS 95 OR Both Schemes if the pension falls partly under the 52 Scheme and partly under the 95 Scheme.
A line in reply is appreciated.
Regards,
From India, Mumbai
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Thank you, Mr. Agrawal, for sharing the information.
Most of the time, many people ask on this forum whether they are eligible for Gratuity after rendering 4 years and 6, 7, 8, or 9 months of service. The Supreme Court clearly states in point No. 9 that "rendered continuous services not less than FIVE Years."
From India, Mumbai
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Most of the time, many people ask on this forum whether they are eligible for Gratuity after rendering 4 years and 6, 7, 8, or 9 months of service. The Supreme Court clearly states in point No. 9 that "rendered continuous services not less than FIVE Years."
From India, Mumbai
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Dear Prabhat,
Gratuity is payable for continuous service of 5 years. Contiguous service means 240 days in a year. Therefore, 4 years and 240 days are eligible for gratuity. The Honorable Supreme Court does not comment on existing laws; they simply interpret them.
Regards,
Sandeep
From India, Delhi
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Gratuity is payable for continuous service of 5 years. Contiguous service means 240 days in a year. Therefore, 4 years and 240 days are eligible for gratuity. The Honorable Supreme Court does not comment on existing laws; they simply interpret them.
Regards,
Sandeep
From India, Delhi
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FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc