Termination after resignation

Sections 4(6) (a) of the Gratuity Act  in India states that the amount of Gratuity payable to an employee can be forfeited by the employer if such employee’s services have been terminated for any act, willful omission or negligence, causing damage or loss or destruction to property belonging to the employer, to the extent of the damage or loss so caused.
Therefore it is important that an employer pass a specific order for forfeiture of gratuity of the employee. Accordingly, an employer must simultaneously pass an order of forfeiture alongside an order of termination with respect to the employee. Without a specific order for forfeiture of Gratuity, forfeiture cannot be made under Gratuity law in India.

Supreme Court of India, in the matter of D.S. Nakara v. Union of India, [MANU/SC/0237/1982] observed that gratuity is a tool of social welfare to provide economic security in the fall of life when the aging process effects the physical and mental capacity and one falls, back on savings.  Such payment cannot be withheld unless specifically permitted by any statutory provision.
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My company already did not pay me any pf...not from the beginning not even when the govt made it mandatory. Dey also cud not prove the allegation true. Still took the stand of termination n mentioned in my termination letter dat dey ate fortifeing my gratuity.

If the amount of gratuity is not paid by the employer within the prescribed time to the said person, he/she has the right to file a complaint to the Controlling Authority under the Payment of Gratuity Act within the area where the employer’s establishment is situated or where the employee was working at the time of termination.
Moreover, the aggrieved person can also approach Labour Courts to get relief and justice.