August – 2019 – TSG Newletter

August – 2019 – TSG Newletter

TSG COLUMN:
RECKONING PENSIONABLE EMPLOYMENT:
In the matter of payment of gratuity to an eligible employee at the time of cessation of employment, whether by resignation or retirement on reaching the age of superannuation, the gratuity can be forfeited if the employee had caused loss to the Company and adjust the gratuity against the loss so caused. In such cases, it is not necessary that it should be a punitive order of termination. It is needless to say that in such cases the employer is liable to prove the fact that the loss was solely due to the reasons attributable to the employee.
Some of the Service Regulations have a provision that in case an employee is charged with an offence under the IPC and a FIR is registered, the employee can be kept under suspension till the Criminal Court gives its verdict. It is only an optional power vested with the Disciplinary Authority and it is not necessary that in every such case, the employee should immediately be kept under suspension pending completion of the case in the Criminal Court.

Leave a Reply

your email address will not be published