Gratuity and pending dues to company are 2 different things.
Gratuity is protected payment and company can attach/decline gratuity only for specific reasons.
Pl refer sec 4(6) of Payment of Gratuity Act.
From India, Pune
In one case, when the employee did not vacate quarter, the company hold his gratuity. But the court clearly held that the employer had to seek court help to vacate the quarter but it cannot stop payment of gratuity.
This is court view
From India, Hyderabad
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