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Bank withholding terminal benefits like leave encashment and gratuity
21-May-2023 (In Labour & Service Law)
I retired as Chief Manager from a Nationalised Bank on 31.03.2017. I have been served charge sheet on 30.03.2017.I.e one day prior to retirement. Enquiry panel constituted after retirement. Terminal benefits like leave encashment /Gratuity/Commutations have been withheld Should I go to court.
For determination of the question as to how strong your case is and whether you are likely to suceed in court , Certain Factors need to bear in mind ie. What was the nature of the charge which was framed against you , what was the report of the enquiry commitee . Can they conduct an enquiry even after the employee retires. So all these questions need to be answered/adressed in order to be in a position to advicae as to whether you are likely to succeed in court. However, in case your gratuity is not paid and terminal benefits are concerned , in terms of Section 4 of the payment of gratuity act depending upon the nature of the offence commited by you , there are various exceptions mentioned in the Gratuity act when the employer could forfeit your Gratuity.Hope this answers your question
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Adv. Kunal Gosain
Delhi | 25+ Answers
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