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Dear Sir,

You have given very helpful and valued opinion on very similar facts my father needs present case before controlloing authority as per Grauity act.

Can i kindly request you to give me some case law references . It will be very helpful. ( link for the page)

Reinstatement can be with or without back wages but once he is reinstated it should be construed that he continued to be in service without any break in service. As such he is eligible for gratuity from the date of joining. When you terminate the employee now, on what charges are you terminating is an important question that may arise. If the charges are moral turpitude or riotous behaviour you can forfeit the gratuity following section 4(6) of the Payment of Gratuity Act. On charges other than that mentioned in section 4(6) (a) or (b) you cannot forfeit gratuity. 8th August 2019 From India, Kannur read more at:

Thanks & Regards,

Piyush Chaudhari


From India
Dear Piyush Chaudhari,
Senior Learned Member Mr. Madhu has given answer to your query in the first link given by you. His answer is also confirmed my our another very Senior Learned Member Mr. Umankanthan. There is no case law available to my knowledge. However you can apply to the respective court to bring clarity on the matter if it is not mentioned in the order.
Your second part, I thing it is just sharing of information.

From India, Mumbai
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