Non-payment of gratuity

Querist : Anonymous (Querist) 01 November 2011 This query is : Resolved
My client had beeb compulsory retired on 10.06.2003 by state of Haryana,when he was of age of 56/57 years and had done a service of all most 30 years in said department.Due to pending enquaries, which does not come in purview of monetary loss,his gratuity had been with held by the department. Latter on in on completion of said departmental enquaries, only part payment of gratuity in question was made to him .Can court order to pay all amount of gratuity alongwith interest on delayed payment.Please tell some citations also.

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Sankaranarayanan (Expert) 01 November 2011
what is the departmental inquiry is any inquiry is under process. What base they are released the part of gratuity

Guest (Expert) 01 November 2011
Unless you give gist of the penalty order issued by the disciplinary authority with background of withholding of the gratuity, correct advice may not be possible.

Further, please intimate whether your client was compulsorily retired as a result of penalty order issued by the disciplinary authority, or some case was fabricated only after his retirement.