Gratuity payment

Alok Vishnoi (Querist) 23 December 2009 This query is : Resolved
Can any employer stop the payment of gratuity after retirement for compensation of a fault made by the employer if the employee is never suspended/terminated for that?

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prakash vathore (Expert) 23 December 2009
no.

Alok Vishnoi (Querist) 23 December 2009
How an action can be taken if the gratuity is compensated by the organization for a fault during service period After the retirement of employee.

Raj Kumar Makkad (Expert) 23 December 2009
Serve a notice first obtain his clarification and if not satisfied make its departmental enquiry and on the basis of enquiry report take the action as you told in your quarry.

sanuj klshreshtha (Expert) 24 December 2009
it is a well settled principle of the service law, as laid down by the Hon'ble supreme court in the caseofGorakhpur UNiversity cited as 2001 (6) scc 591, that post retiral benefits includes PF, gratuity and Pension and these post retiral benefits cannot be withheld by any employer , not can be adjusted or compensated otherwise.
hence in your case ur remedy is to approach a good lawyer, u can contact.

A.R.KUPPUSAMI (Expert) 25 December 2009
Except to an employee who was punished with capital punishment will be kept pending till the dispute arrives finality, otherwise it should be settled within the specified time limit.