December 2016 claiming gratuity from the Bank.
Thereafter, notice of forfeiture of gratuity was issued by the Bank for
forfeiture of gratuity on 24th March ... Payment of Gratuity Act, 1972
(hereinafter "Act") the gratuity amount was liable to be forfeited. This notice
resulted in order dated 29th June
entitled to receive the amount of gratuity whereas in the
present case the amount of gratuity was forfeited on account
of financial loss caused ... gratuity amounts can be forfeited. Considering the
said facet also the decision of Ld. Authority revoking the
order forfeiting gratuity of the respondent, is erroneous
irregularities amounting to Rs.173.50 crores. Hence,
the Order of forfeiting gratuity by the Employer is justified. It was
also contended before the Controlling ... gratuity during pendency of the
disciplinary proceeding, but no where it has been held or
observed vide the said Judgment that gratuity can be forfeited
forfeiture of gratuity was scrupulously followed by
issuing show cause notice to the petitioner and upon obtaining explanation, the
gratuity was forfeited and, therefore, there ... circumstances
when gratuity becomes payable to an employee and the same is quoted
hereunder for easy reference :-
“4. Payment of Gratuity. (1) Gratuity shall
been directed to
pay gratuity amount to the respondent No.1 along with interest, as the
gratuity amount was forfeited by the petitioner.
3. Respondent ... society in forfeiting
gratuity, was absence of a notice to the respondent No.1, specifying
grounds why gratuity was being forfeited. It was only when
these regulations.
RE: FORFEITURE OF GRATUITY:
12. Two aspects arise for consideration, namely, - (a) whether
gratuity can be withheld/forfeited under Regulation ... made to several judgments dealing with gratuity
and the circumstances under which the gratuity could be
forfeited."
19. In the present case, admittedly, after
employees gratuity fund during the period of his employment. The Trustees, Uco Bank Employees Gratuity Fund took a decision to forfeit the gratuity payable ... offence involving moral turpitude, the Bank had every right to forfeit the gratuity in exercise of powers under Section
Payment of
Gratuity Act, makes it evident that gratuity payable to an
employee can be forfeited either wholly or in part, in case his
service ... that before forfeiting entire gratuity, employer has
.
to take an independent decision, as to whether gratuity
deserves to be forfeited
about the right of the Employer to withhold or forfeit gratuity, but about the rate at which gratuity is to be worked ... extracted below:-
"13. Protection of gratuity.--No gratuity payable under this Act[and no gratuity payable to an employee employed in any establishment, factory
gratuity. It was also
submitted that it is the trustees of the gratuity fund who have taken a
decision not to pay gratuity ... Payment of Gratuity Act is entitled to gratuity under the aforesaid Act
as the Gratuity Act is applicable to the Bank in terms of Section
