Payment of Gratuity Act 1972- Gratuity - withholding of gratuity- not permissible under any circumstances - except as enumerated in section 4(6). Section 4(6) and 4(1) - recovery from gratuity amount - Services of petitioner not terminated but as a punishment order passed for recovery of amount and a censure entry was awarded - Therfore, none of conditions falls under Section 4(6) of Act. Amount has been worngly recovered from gratuity payable- Even if the petitioner has given an application permitting to recover from gratuity amount- Recovered amount shall be refunded. Alld. H.C - L.B. dated 07-01-2009 in W.P. no. 3744 of 2007 between Amod Prasad Rai V/s State of U.P. [2009(123)FLR202]
