Payment of gratuity to a dismissed employee
aditya
(Querist) 20 July 2012
This query is : Resolved
Dear Sir,
If someone is dismissed after a 30 year job and alleged to misconduct amount Rs. 1.59 Lakhs loss to the company.
Please specify whether he is eligible for gratuity amount
Isaac Gabriel
(Expert) 20 July 2012
Can get the balance amount after deducting the loss of 1.59 lakhs if the loss was due to the misconduct of the employee.
aditya
(Querist) 23 July 2012
But there were four person involved in the case. Now whether the loss amount will be divided into four part or not
Isaac Gabriel
(Expert) 23 July 2012
It depends upon the nature of charges.Anyway refer the provisions in section 4(6)(1) (a)and (b) of the act which is furnished below and infer.
Notwithstanding anything contained in sub-section (1),-- (a) the gratuity of an employee, whose services have been terminated for any act, wilful 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; (b) the gratuity payable to an employee 1*[may be wholly or partially forfeited]-- (i) if the services of such employee have been terminated for his riotous or disorderly conduct or any other act violence on his part, or (ii) if the services of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment. 5* * * * *
