Is Gratuity payable when workmen has challenged his termination in labour court

shrs1
Right to forfeit gratuity of an employee by the employer is not absolute but only when the employee has been dismissed for misconduct as specified in section 4(6) of the payment of Gratuity Act. Even such forfeiture can be taken-up only after giving an opportunity to the concerned employee, issuing a show-cause notice.

“The gratuity of an employee, whose services have been terminated for any act, willful omission or negligence causing any damage or loss to, or destruction of, property belonging to the employer, shall be forfeited to the extent of the damage or loss so caused.”

For an act of Habitual absenteeism from duty you cannot forfeit the gratuity of an employee .

From
Radius Enterprise Solutions, Mumbai.
We provide HR & Labour Law Compliance Management Services to different companies in Mumbai and outside Mumbai.
For more details you can go through our website- https://square-jobs.com/hr-services/
Email ID- [Login to view]
Mob no- 9819228732
Sani kumar
I am working oct 2018. now we have recevied a termination letter from company. in this case we have received any gratuity or compensation benefit. please help me
If you are knowledgeable about any fact, resource or experience related to this topic - please add your views. For articles and copyrighted material please only cite the original source link. Each contribution will make this page a resource useful for everyone. Join To Contribute