Dear Richa ji,
You said the employee had been terminated because of his wrongdoing.
You are HR Executive. It will not be an appropriate to ask you a question what do you mean by "Termination".
Is this termination followed by due process as per law? Have you proved the wrongdoing?
It is your allegation on the employee that he is engaged in wrongdoing. You need to prove it by applying principal of natural justice.
Also as per recent judgement of HC Mumbai, Gratuity cannot be forfeited without a proper show cause notice and the proof of loss to employer. (WP No. 2749 OF 2004 in Nanubhai Nichabhai Desai vs The Dy.General Manager, Uco Bank).
There are similar judgement by other HCs also.
According to Karnataka HC (LLR Karn. HC 48) and many other HCs, forfeiture of gratuity only when dismissal is for prescribed misconduct under the Act.
You said the employee had been terminated because of his wrongdoing.
You are HR Executive. It will not be an appropriate to ask you a question what do you mean by "Termination".
Is this termination followed by due process as per law? Have you proved the wrongdoing?
It is your allegation on the employee that he is engaged in wrongdoing. You need to prove it by applying principal of natural justice.
Also as per recent judgement of HC Mumbai, Gratuity cannot be forfeited without a proper show cause notice and the proof of loss to employer. (WP No. 2749 OF 2004 in Nanubhai Nichabhai Desai vs The Dy.General Manager, Uco Bank).
There are similar judgement by other HCs also.
According to Karnataka HC (LLR Karn. HC 48) and many other HCs, forfeiture of gratuity only when dismissal is for prescribed misconduct under the Act.