Industrial Relations And Labour Laws
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dear all
we have come across a case wherein an employee has been dismissed after enquiry in absentia status.
my senior has sent his gratuity amount to the labor commissioner, as the same was not collected by the dismissed employee.
now, the employee requested to the deputy labor commissioner to send back the gratuity amount as he is requesting the company management to revoke his dismissal..
he has also told that he has not been given an opportunity to appeal against the enquiry proceedings although his changed address was given to the management before the enquiry.
as the inquiry was not attended by both parties, the application of management is dismissed.
can anyone clarify me that whether the dismissed employee is eligible for gratuity.
  1. my seniors have told that he is not eligible.but one of the legal cell person has told that he is eligible for gratuity.
please clarify
thanks and regards

There is a specific difference between dismissal and discharge. In case of discharge, the employee is eligible for gratuity, leave encashment,EPF etc and whereas, if he is dismissed, he can not get any due from the company including the EPF. Therefore, the dismissal is the last option which is made only in severe misconduct by the employee.
A dismissed employee is not eligible for gratuity. But it is upto the employer to pay it.

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