Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
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(Querist) 17 April 2015 This query is : Resolved 
Respected members,
I represents electricity company.order u/s 125 has been passed against one of our employee ordering electricity company to deduct Rs 7000/- from the salary of employee and deposit in court.this order comes to the notice of company belatedly.the amounts which needs to be deposit in court comes to Rs 100000/-.Arrears of Rs 49000/- comes from Head office in name of employee.The company immidiately deposited Rs 49000/-in court.Now employee has resigned from the service.There is no amount is in hand of company except Gratuity. can company deduct Balance amount ie Rs 51000/-From Gratuity?in order to follow court order. if not,What are consequences of not following Hon'ble court order.Thanks in Advance

prashant1314 (Expert) 17 April 2015
gratuity can not be charged/ assigned. talk employee get cheque in favour of company from employee to settle the amount which employee will be getting after depositing gratuity.
Rajendra K Goyal (Expert) 17 April 2015
Deposit Rs. 49,000/- and prey the court for guidelines and mention the situation under which orders were delayed. Court has to be informed regarding resignation of the employee.

Kumar Doab (Expert) 19 April 2015
The payment of Gratuity can not be forfeited wholly or in part since The employment of the employee has not been terminated by speaking order after granting the opportunity of natural justice.........

The forfeiture has been explained in the Act..........

The payment has to be made within 30 days or employer can be penalized as per Sec;9 ( Rs.20000/ and jail time) and made liable to pay interest.....
T. Kalaiselvan, Advocate (Expert) 25 April 2015
It is a case of deduction from the employee's salary alone and not from his gratuity or PF or any other terminal benefits. Let the Officer of your organisation decide about answering court on this regards after depositing the amount of 49000/- in hand.

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