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.
https://www.citehr.com/613574-accoun...y-payment.html ( 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:
https://www.citehr.com/613574-accoun...y-payment.html
Thanks & Regards,
Piyush Chaudhari
9769590007
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.
https://www.citehr.com/613574-accoun...y-payment.html ( 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:
https://www.citehr.com/613574-accoun...y-payment.html
Thanks & Regards,
Piyush Chaudhari
9769590007