Hetalkumar
07 September 2012 at 11:57
Dear Sir,
I have Two Question as follow ;
(1) I need to know, whether u/s. 4(6)(a)(b) of Payment of Gratuity Act, 1972, Employer can forfeit the Gratuity amount in case of o/s. staff home loan enjoyed by the employee while his service with the employer, if not paid by him ?
(2) Whether employee who had made fraud while functioning as loan officer and disbursed the loan by creating / using fraud documents of borrower, and that loan is not recoverable by employer bank from it's borrower. Can Employer have right to adjust or forfeit the gratuity amount, if he found guilty in Dept. Inquiry in above mentioned loan process by employer ?
If during the Dept. Inquiry in above loan case, if employee attained the age of superannuation, then the same can be continued ? And if the same was continued with a letter to employee by mentioning that, " he have been released, subject to and without prejudice the outcome of Dept. Inquiry and punishment thereof ". Whether in that circumstances, if the gratuity is forfeited against the loss in above mentioned case by employer, is tenable u/s. 4(6)(1)(b) of PG Act ?
Please guide with latest judgement / authority in this regard of Apex Court.
Thanking you,
Regards,
Hetalkumar
Deepak Goyal
07 September 2012 at 11:43
Dear Sir/Madam,
I want certified copy of order from the Labour Commissioner, and filed application with Rs. 2 court fees stamp, but they said there is no provision for this.
Pls tell me what is the procedure for taking certified copy of order.
The same order is required for the same case which is going on Labour Court.
Thanks
D.K. Goyal
skn
07 September 2012 at 10:50
Sirs,
In one case a government employee has got the quarters to stay and he is staying there for quite sometime. He is working in the same area. However the concerned Block Development Officer is now asking him to vacate the quarter and he wants it to allocate to a person of his choice.
what is the remedy available with the employee who's quarter is being asked to vacate?
Regards,
SKN
skn
07 September 2012 at 10:04
Sirs,
If a government employee got the quarters and staying there for quite some, however the is concerned Block Development Officer asks him to vacate the quarter to allocate it to his choiced person.
What is the remedy available to the employee who has been asked to vacate the government quarter?
Regards,
SKN
SHAMIDEEP
07 September 2012 at 07:59
where a person should approach first if his salary is not paid at proper time in spite of having every documentation i/c attendance register,other registers etc. and the grievance is not resolved inside the company
Sachin Mishra
06 September 2012 at 15:23
Respected All,
I am working as an incident manager in a MNC according to the recent agreement which was provided to us our notice period has been increased to 2 months, earlier it was 1 month, I have been offered by another MNC where the work hours is descent and attractive, the new company wants me to join after 30 days, based on which I requested my HR and manager to provide me an early relieving within 30 days. I also gave them an option that I will serve the notice period for 1 month and will buy out the notice period for other month. I got an email from my manager that early relieving is not possible due to challenges in getting a replacement for me. I am very much interested to join the new organization as currently I am working in a 12 hrs shift and I am unable to cope up with this. The offer letter which was given to me on my DOJ 22.03.2012 states that the buy out option is available at managements discretion. Request you seniors to kindly help and advise.
Kind Regards,
Sachin Mishra
Rahul
05 September 2012 at 22:13
Hi,
I have resigned from my organisation due to family problem..but my employer is asking me to serve full 2 months notice.Not ready to adjust my Annual leaves or take money in lieu of notice period.
Please Suggest...
Regards,
Rahul
ANIL KUMAR
05 September 2012 at 21:24
I AM WORKING IN A PUBLIC SECTOR,COAL INDIA LIMITED,KOLKATTA SINCE LAST 25 YEARS AND PRESENTLY WORING AS SENIOR MANAGER(MINING)
I WAS LASTLY PROMOTED IN THE YEAR 2001 AND PRESENTLY IN THE RANK OF E6
I BELONGS TO SCHEDULE CASTE.
MY COMPANY HAS WRITTEN ME THAT THERE IS NO PROVISION/RELAXATION FOR SC/ST CANDIDATE IN PROMOTION FROM E6 AND ABOVE .
WILL MY PROMOTION WILL NOT BE EFFECTIVE UNDER ANY LAW FOR PROMOTION TO SC/ST CANDIDATE UNDER PUBLIC SECTOR.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Can gratuity amount forfeited against staff home loan outstanding if contractually agreed
Please let me know that, Can employer have right to adjust the Gratuity amount / retirement benefit against the loan outstanding (if turned in to NPA), if the employee had agreed by way of execution of staff loan agreement (under Contract Act) ?
Whether employee have right to restrain or challenge in any manner the action of employer, for forfeiture of gratuity amount under Consumer Protection Act, as he s not now in service with the employer ?
Regards,