Gratuity can be Withheld Post Superannuation if Guilty of Misconduct

Posted on May 31, 2020June 10, 2020 by Team asklabour

Hon’ble Supreme Court in the matter of Chairman cum Managing Director, Mahanadi Coal Fields vs Sri Rabindranath Choubey Civil Appeal No. 9693 of 2013 dealt with two important legal issues as under: Whether employer can withhold payment of gratuity of an employee after superannuation in view of pending disciplinary proceedings; and Whether punishment of dismissal can be imposed on an employee after superannuation if found guilty of misconduct in the said disciplinary proceedings. With regard…

NO GRATUITY CLAIM FOR TEACHERS – JUDGEMENT PER INCURIUM!!!

Posted on January 10, 2019 by Team asklabour

In the matter of Birla Institute of Technology vs The State of Jharkhand and Ors., Civil Appeal No. 2530 of 2012, the Apex Court observed that irrespective of the nature of employment, a Teacher shall not be entitled to claim Gratuity under the provisions of the Payment of Gratuity Act, 1972 (‘Act’). FACTS Respondent No. 4 in the said matter, joined the services of the appellant organization in the year 1971 as an Assistant Professor…

Attachment of Gratuity under Gratuity law

Posted on February 11, 2016April 22, 2016 by Team asklabour

Gratuity law in India ensures the protection of gratuity payable to an employee. Section 13 of the Payment of Gratuity Act provides this express protection. It provides that no gratuity payable under the Act shall be liable to attachment in execution of any decree or order of any civil, revenue or criminal court. Therefore, even where a court orders attachment of properties of a worker, yet Section 13 expressly prohibits attachment of gratuity amounts payable….