Forfeiture of gratuity
Querist :
Anonymous
(Querist) 12 January 2012
This query is : Resolved
Bank awarded me a CRS against the charges of commission's and omission. Bank already given me a amount of Provident Fund but hold my gratuity amount. The damages which occur was fully paid by me and all amount is recovered from me. Now Bank ask me "Why they not forfeit the gratuity amount?". Bank gave seven days time to submit reply.
I want to help regarding reply.
Raj Kumar Makkad
(Expert) 12 January 2012
You should reply in detail to the notice received to you. I shall suggest you to avail the services of a lawyer.
One person cannot be penalized twice. There is no reason to forfeit your gratuity when you have already made deficient losses to the department.
V R SHROFF
(Expert) 13 January 2012
PERSON CONDUCT SERIOUS MISCONDUCT (More so, if criminal), Looses his right to gratuity
In one world famous MNC, Ltd Co,[before 18 years,] Share Dept Staff, went on trf Dormant Shares, where Dividend was rtd for last 10 yrs, no whereabouts , and that Staff checked, those people no more reside there, Made Lakhs .
He was caught, when one of the Share holder appeared, and investigation revvealed this fraud, of dupl sign etc.
He was not paid Gratuity, and had to compensate company loss, and lost his job.
Provident Fund is not attachable, and had to be paid in all circumstances.
Pradeep Rohra
(Expert) 13 January 2012
Firstly you must have to give detail reply stating that damages was fully paid by me . Even after your reply bank does not release your gratuity then issue a notice to bank through your advocate and there after file a suit against bank with the help of advocate.
Deepak Nair
(Expert) 13 January 2012
You should reply to the show cause notice issued by the bank regardign withholding of gratuity. Wait for the response of bank for the same.
If the bank fails to respond satisfactorily, you can take legal action.
Isaac Gabriel
(Expert) 13 January 2012
Gratuity could be forefeited for reasons stated in section 4(6) of the gratuity act which states
(6) Notwithstanding anything contained in sub-section (i),-
(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 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 of 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.
Therefore it depends upon the nature of charges levelled against you.Neverthless if the loss made had been made good there is no chance to withhold/forefeit the gratuity.You can file a case with the controlling authority
M/s. Y-not legal services
(Expert) 13 January 2012
