Industrial Relations And Labour Laws
Korgaonkar K A
Let me first tell you that suspension is not a termination of employment. It seems you have misunderstood the terminology. You mean to say termination.
For your knowledge, I am giving below the provisions of forfeiture of gratuity. I hope you will get answer to your question from it.
1. Employee may wholly or partially forfeit the gratuity if his services are terminated (a) for his riotous or disorderly conduct or any other act of violence on his part or (b) for any act which constitute an offence involving moral turpitude.
2. Employee partly forfeits the gratuity if his services are terminated for any act, willful omission or negligence, causing any damage or loss to, or destruction of, property belonging to employer, to the extent of damage or loss caused.
22nd April 2013 From India, Mumbai
22nd April 2013 From India, Kannur
(a) the gratuity of an employee, whose services have been terminated for any act, willful omission or negligence causing any damage or loss to, or destruction of, property belonging to the employer, shall be forfeited to the extent of the damage or loss so caused.
(b) The gratuity payable to an employee may be wholly or partially forfeited] -
(i) If the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part, or
(ii) If the services of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment.
In your case how the question comes if employee is suspended? Pl. check and clarify whether it is suspended or terminated and if terminated than please check against the provisions of the Act mentioned above.
99 98 97 10 65
23rd April 2013 From India, Mumbai