One employee involved in Theft Cases in Office. So FIR is filed on him. Criminal cases in two trial Courts and department inquiries have delayed his pensioner benefits and Gratuity payment for 3 years. Interest in Delayed gratuity is given to him.
Is the office/Officers personally responsible for delayed payment of pensioner benefits and Gratuity?
Please advice.
From India, Ahmedabad
Is the office/Officers personally responsible for delayed payment of pensioner benefits and Gratuity?
Please advice.
From India, Ahmedabad
Dear Shailesh,
In every organization, hierarchical arrangement is there and matters of hiring and firing of employees, fixation and revision of salary/wages, transfers, promotions, settlement of final dues on termination of employment etc., are ultimately decided by the chief executive only though such decisions might be influenced by the officers down the levels in the interest of the organization. Therefore, such officers cannot be personally held responsible for any problem crops up later because of such decisions unless any officer misuses or negligently exercises such powers specifically delegated to him so as to bring financial losses or disrepute to the organization..
From India, Salem
5967In every organization, hierarchical arrangement is there and matters of hiring and firing of employees, fixation and revision of salary/wages, transfers, promotions, settlement of final dues on termination of employment etc., are ultimately decided by the chief executive only though such decisions might be influenced by the officers down the levels in the interest of the organization. Therefore, such officers cannot be personally held responsible for any problem crops up later because of such decisions unless any officer misuses or negligently exercises such powers specifically delegated to him so as to bring financial losses or disrepute to the organization..
From India, Salem
The delay in payment of gratuity is explainable and there is no criminal motive (mens rea in the legal language) is involved, so there cannot lie any personal action against the deciding authority(ies) involved in this matter. The Payment of Gratuity Act is a complete code in itself and any action can lie therein only and the normal criminal courts have no jurisdiction. Your bonafides in the matter are clear from the fact that interest accrued thereon is being paid to the employee. T heft is an offence involving moral turpitude and is a reason sufficient to withhold the gratuity and pension till the proceedings are decided.
Could you not hold departmental enquiry and suitably punish the employee rather than wait for the criminal proceedings, which will be a long drawn process?
From India, Mumbai
Could you not hold departmental enquiry and suitably punish the employee rather than wait for the criminal proceedings, which will be a long drawn process?
From India, Mumbai
The delayed payment of gratuity does not attract interest unless the delay is due to fault of the employee(as he was under trial for his misconduct). Further, the employee is entitled to interest on delayed payment on gratuity from the date of due to till the date of payment is made for the employee acquitted from the charges.
In the instant case no official can be held responsible for additional financial burden for payment of interest paid for delayed payment of gratuity of employee under trial for misconduct vice versa whether to grant monetary to the officials succeed in forfeiting the gratuity of the employee for his alleged misconduct.
A case detail is given below to refer
IN THE SUPREME COURT OF INDIA, CIVIL APPELLATE JURISDICTION, CIVIL APPEAL NO. 9693 OF 2013
{To conclude, the impugned judgment of the High Court dated 17th July, 2013 is not sustainable and deserves to be set aside and the disciplinary authority may proceed and conclude
the pending disciplinary proceedings expeditiously and take a final decision in accordance with the scheme of Rules, 1978 read with subsection (6) of Section 4 of the Payment of Gratuity Act,
1972.Hence, you can claim interest for the period of delay.02-Oct-2018}
Regards
From India, Mumbai
In the instant case no official can be held responsible for additional financial burden for payment of interest paid for delayed payment of gratuity of employee under trial for misconduct vice versa whether to grant monetary to the officials succeed in forfeiting the gratuity of the employee for his alleged misconduct.
A case detail is given below to refer
IN THE SUPREME COURT OF INDIA, CIVIL APPELLATE JURISDICTION, CIVIL APPEAL NO. 9693 OF 2013
{To conclude, the impugned judgment of the High Court dated 17th July, 2013 is not sustainable and deserves to be set aside and the disciplinary authority may proceed and conclude
the pending disciplinary proceedings expeditiously and take a final decision in accordance with the scheme of Rules, 1978 read with subsection (6) of Section 4 of the Payment of Gratuity Act,
1972.Hence, you can claim interest for the period of delay.02-Oct-2018}
Regards
From India, Mumbai
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India Inc Polices Employee Theft.pdf
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