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RBSAIADITHIYA (HR PROFESSIONAL)     14 October 2010

GRATUITY ATTACHEMENT

Dear Friends

I need clarification on the following subject,  As per the act the gratuity payable to the employee cannot be attached

My question is

Whether the same can be attached when it is payable to his nominees or to his legal heirs?

An Urgent reply required pls

 

REgards

R SUDHAKAR



Learning

 3 Replies

Isaac Gabriel (Advocate)     14 October 2010

The Management should disburse the gratuity amount to the iemployee or his legal heirs. In case of doubts it should be remitted to the controling authority explaining the situation for non-disbursement.

V. VASUDEVAN (LEGAL COUNSEL)     14 October 2010

No the protection of gratuity extends to the nominee/legal heirs since the money disbursed is the sum that was otherwise payable to the employee and pursuant to the nomination, disbursed to the nominee or the legal heirs.

V. VASUDEVAN (LEGAL COUNSEL)     14 October 2010

Further to my answer, please review the Andhra High Court Judgement, affirming my views.

vasudevan


Attached File : 45 45 garuity can t be attached ap hc 2009.pdf downloaded: 137 times

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