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
8th August 2019 From India, Pune
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.
8th August 2019 From India, Salem
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