Forfeiture / adjustment of gratuity by employer - validity
Hetalkumar
(Querist) 07 September 2012
This query is : Resolved
Dear Sir,
I have Two Question as follow ;
(1) I need to know, whether u/s. 4(6)(a)(b) of Payment of Gratuity Act, 1972, Employer can forfeit the Gratuity amount in case of o/s. staff home loan enjoyed by the employee while his service with the employer, if not paid by him ?
(2) Whether employee who had made fraud while functioning as loan officer and disbursed the loan by creating / using fraud documents of borrower, and that loan is not recoverable by employer bank from it's borrower. Can Employer have right to adjust or forfeit the gratuity amount, if he found guilty in Dept. Inquiry in above mentioned loan process by employer ?
If during the Dept. Inquiry in above loan case, if employee attained the age of superannuation, then the same can be continued ? And if the same was continued with a letter to employee by mentioning that, " he have been released, subject to and without prejudice the outcome of Dept. Inquiry and punishment thereof ". Whether in that circumstances, if the gratuity is forfeited against the loss in above mentioned case by employer, is tenable u/s. 4(6)(1)(b) of PG Act ?
Please guide with latest judgement / authority in this regard of Apex Court.
Thanking you,
Regards,
Hetalkumar
chitra gupta
(Expert) 10 September 2012
very interesting case.....u pl go thro: the act and will get the ans. in case of fraud commited by someone''''''
Hetalkumar
(Querist) 10 September 2012
Dear Chitra,
I could not able to follow your direction in above message ? please further clarify your stand !!!
