I have gone through the posts of learned seniors who have all suggested solutions that are relevant. I would like to add that gratuity is a very much protected retiral benefit like P.F and is considered as the right vested by the Act in the employees to the property, held in trust for them by the employer but not a bounty to be given out of grace and therfeore the employer cannot adjust any dues of employer or any loss to him against gratuity except in the way permissible under the Act.
The queriest has only said that the employee is not approaching him for gratuity.He has not stated as to what efforts he made to trace him.The employer cannot unilaterally jump to a finding that the employee is not approaching or contacting him or not traceable without actually making efforts to trace him.This may not absolve him of his liabality to pay interest for the delay in payment, if the employee tomorrow, proves that he is very well traceable and the employer amde only a luke warm effort. Therefore, the quieriest has to fist make all efforts to trace him and keep on record all those efforts and thereafter, he can act on the suggessions given by other senior members like BM Kalsi,KK Nair Kprasoon and Umakanthan and otehrs.
B.Saikumar
HR & Labour Law advisor
Mumbai
From India, Mumbai
1897The queriest has only said that the employee is not approaching him for gratuity.He has not stated as to what efforts he made to trace him.The employer cannot unilaterally jump to a finding that the employee is not approaching or contacting him or not traceable without actually making efforts to trace him.This may not absolve him of his liabality to pay interest for the delay in payment, if the employee tomorrow, proves that he is very well traceable and the employer amde only a luke warm effort. Therefore, the quieriest has to fist make all efforts to trace him and keep on record all those efforts and thereafter, he can act on the suggessions given by other senior members like BM Kalsi,KK Nair Kprasoon and Umakanthan and otehrs.
B.Saikumar
HR & Labour Law advisor
Mumbai
From India, Mumbai
The depositing of gratuity with the CA is permitted only if there is a dispute on the amount or admissibility or person entitled to receive the Gratuity or when the nominee or heirs are minor..Here there are no such conditions .If the employee is outside the purview of LW Act,you cannot deposit it in LWF.
Make all attempt with records to trace the employee like sending letters.notice in dailies.The CA shall be informrd on all these attempts to prove that the delay is not willful.
VARGHESE MATHEW
9961266966
From India, Thiruvananthapuram
Make all attempt with records to trace the employee like sending letters.notice in dailies.The CA shall be informrd on all these attempts to prove that the delay is not willful.
VARGHESE MATHEW
9961266966
From India, Thiruvananthapuram
Notice in news papers ? The cost of that would be higher than the gratuity payable perhaps ..... Is that necessary ?
From India, Mumbai
From India, Mumbai
Saswatabanerjee,
If cost of notice is more than the cost of interest,prosecution,penalty etc and you are prepared to bear it you can wait until the employee shows his face.If an employer is ready to face penal action he can violate all laws.
Varghese Mathew
From India, Thiruvananthapuram
If cost of notice is more than the cost of interest,prosecution,penalty etc and you are prepared to bear it you can wait until the employee shows his face.If an employer is ready to face penal action he can violate all laws.
Varghese Mathew
From India, Thiruvananthapuram
Dear All,
Sharing a latest judgement of Andhra Padesh High Court related to Forfeiture of Gratuity.
The Hon. court ruled that forfeiture of gratuity is to be effected only by making compliance of conditions as provided under section 4 (6) of the paymnet of gratuity act., failing which the forfeiture will be illegal and liable to be quashed by the court.
The court also ruled that forfeiture of gratuity must have a DIRECT CO-RELATION to the damage or loss caused by the employee to the employer.
-Kamal P
From India, Pune
Sharing a latest judgement of Andhra Padesh High Court related to Forfeiture of Gratuity.
The Hon. court ruled that forfeiture of gratuity is to be effected only by making compliance of conditions as provided under section 4 (6) of the paymnet of gratuity act., failing which the forfeiture will be illegal and liable to be quashed by the court.
The court also ruled that forfeiture of gratuity must have a DIRECT CO-RELATION to the damage or loss caused by the employee to the employer.
-Kamal P
From India, Pune
Hello everyone. I would like to seek one advice on a practical issue, wherein an employee joined the establishment on 2006 and worked up to 2009. In 2009 he was absconded and after due reminder letter and formalities was terminated. He then again in 2013 claimed for job in Labour court and as per the advice by Labour office the company rehired him in 2015.The case continued for 2 year. But the labour court didn't advice to Company for any payment for the period from 2013-2015.
After advice from the labour court to rehire the employee in 2015, the company did the same and employed him in one of it's unit under the same group. The guy there also worked for 2 months and absconded.Again company did the same formality as to e done for abscond case.
Now the employee has launched a case in labour court and demanding gratuity from 2006 to 2015.
Is he Legally eligible to get the Gratuity or Not kindly advice.
From India, Dhanbad
After advice from the labour court to rehire the employee in 2015, the company did the same and employed him in one of it's unit under the same group. The guy there also worked for 2 months and absconded.Again company did the same formality as to e done for abscond case.
Now the employee has launched a case in labour court and demanding gratuity from 2006 to 2015.
Is he Legally eligible to get the Gratuity or Not kindly advice.
From India, Dhanbad
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