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Deepak Saxena   15 June 2023

Gratuity payment adjustment of outstanding loan

Dear Concern,

Kindly clarify 

Gratuity Amount of an employee can be adjusted against his outstanding loan without consent/opportunity to close loan by employee himself after resignation.

What will be legal recommendation in such type of situations.

Thanks

 



Learning

 8 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     15 June 2023

Yes.  If there are any dues pending against any government servant, they will be recovered from his gratuity.

Deepak Saxena   15 June 2023

Sir Not a Government Servant but Private Bank Employee and Deduction was made from his account by making debit hold and not giving him opportunity to close the personal Loan himself. State away credited Gratuity made a lien and deduct the amount from his account. As per Separation Rule of the bank Debit Authorization will be taken from employee in case of loan adjustment from his full and final payment.

Kindly guide

Real Soul.... (LEGAL)     15 June 2023

you mean you were not placed on notice before adjusting your loans, then certainly that have wronged.

You must instantly issue a legal notice and claim damges too, that is breach of trust .

 

T. Kalaiselvan, Advocate (Advocate)     16 June 2023

It is for the Bank to act in terms of the said agreement and exercise all rights under the said agreement as against the debtor. The Bank could not have adjusted the same from and out of gratuity amount, which are protected under Section 7 of The Payment of Gratuity Act, 1972.

You can issue a legal notice and demand reversal of the deduction failing which you can approach consumer forum with a complaint for deficiency in service and also for unfair trade practice for contradicting the loan agreement conditions. 

Dr. J C Vashista (Advocate )     16 June 2023

Terms and conditions of loan will have to be perused before forming proper opinion.

It is better to consult a local prudent lawyer.

Sudhir Kumar, Advocate (Advocate)     17 June 2023

How are you related to issue.           

Deepak Saxena   19 June 2023

Sir 

it is part of my research on the Service matter of Private bank.

Thanks

Sudhir Kumar, Advocate (Advocate)     21 June 2023

in 2011 there was a thread from you

 

https://www.lawyersclubindia.com/forum/a-bank-not-providing-experience-letter-49206.asp

 

is it same csse?


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