Directing the employer to pay gratuity to an employee, the Bombay High Court has reiterated that gratuity of an employee cannot be forfeited under Sec4(6) (b) of Payment of gratuity Act
This case law is interesting and gives facts which every HR should be conversant with while dealing with Gratuity cases

From India, Pune

Preparation for the global SHRM certification exams: SHRM CP and SHRM SCP →
Promoted: XLRI Executive Development Program In Human Resource Management
If we critically analyze the provisions relating to forfeiture of gratuity of an employee u/s 4(6) of the Payment of Gratuity Act,1972, we will understand that it is only a follow up action arising out of and subsequent to the cause of action of dismissal on account of the specific misconducts mentioned there in. The underlying logic is that gratuity being a terminal benefit for blemishless service, it cannot be extended to an employee terminated on account of the grave misconducts enumerated in the subsection.
From India, Salem

If you are knowledgeable about any fact, resource or experience related to this topic - please add your views using the reply box below. For articles and copyrighted material please only cite the original source link. Each contribution will make this page a resource useful for everyone.

Please Login To Add Reply →

About Us Advertise Contact Us Testimonials
Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2021 CiteHR.Comô

All Material Copyright And Trademarks Posted Held By Respective Owners.
Panel Selection For Threads Are Automated - Members Notified Via CiteMailer Server