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whethere company can withheld payment of graduity

(Querist) 05 March 2010 This query is : Resolved 
whethere company can withheld payment of graduity untill finilisation of diciplinary action agaist employee ,who caused moneytory loss to the company
Raj Kumar Makkad (Expert) 05 March 2010
Yes. Gratuity is the last amount in the hands of the employer and if the same is released pending enquiry involving monetary losses to such employer by concerned employee then an irreparable loss shall occur to the employer which cannot be compensated in any term at any stage so company in the given case can withheld gratuity to such an employee till the finalization of the enquiry which should be finished within shortest period.
Kumar Thadhani (Expert) 06 March 2010
Yes gratuity is the last tool in the hands of the company where indisciplined enquiry are pending against any emplyee.


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