Dear Sir, you have provided a very helpful and valued opinion on very similar facts my father needs to present the case before the controlling authority as per the Gratuity Act. Can I kindly request you to give me some case law references? It will be very helpful.
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Reinstatement and Gratuity Eligibility
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.
Termination and Gratuity Forfeiture
When you terminate the employee now, on what charges are you terminating? This is an important question that may arise. If the charges are moral turpitude or riotous behavior, you can forfeit the gratuity following section 4(6) of the Payment of Gratuity Act. On charges other than those mentioned in section 4(6)(a) or (b), you cannot forfeit gratuity.
Read more at: https://www.citehr.com/613574-accoun...y-payment.html
Thanks & Regards,
Piyush Chaudhari
[Phone Number Removed For Privacy-Reasons]
From India
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Link for the page: https://www.citehr.com/613574-accoun...y-payment.html
Reinstatement and Gratuity Eligibility
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.
Termination and Gratuity Forfeiture
When you terminate the employee now, on what charges are you terminating? This is an important question that may arise. If the charges are moral turpitude or riotous behavior, you can forfeit the gratuity following section 4(6) of the Payment of Gratuity Act. On charges other than those mentioned in section 4(6)(a) or (b), you cannot forfeit gratuity.
Read more at: https://www.citehr.com/613574-accoun...y-payment.html
Thanks & Regards,
Piyush Chaudhari
[Phone Number Removed For Privacy-Reasons]
From India
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Dear Piyush Chaudhari, Senior Learned Member Mr. Madhu has provided an answer to your query in the first link you shared. His response has also been confirmed by another very Senior Learned Member, Mr. Umankanthan. To my knowledge, there is no case law available. However, you can apply to the respective court to seek clarity on the matter if it is not mentioned in the order.
Regarding your second point, I believe it is merely a sharing of information.
From India, Mumbai
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191Regarding your second point, I believe it is merely a sharing of information.
From India, Mumbai
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Gratuity-Contin uous Service-countin g broken period with same employer-Madras HC Judgment.docx