Payment of gratuity pending Disciplinary Proceedings

983 votes

Hello, In this situation, the appropriate course of action would be to file a claim petition before the Labour Commissioner. This will formally place your grievance on record and initiate the legal process for resolving the dispute. Once the petition is submitted, the Labour Commissioner’s office will review the facts of the case, call both parties for hearings, and attempt to facilitate a fair settlement in accordance with the applicable labour laws. Taking this step will help ensure that your rights are protected and that the matter is addressed through the proper legal channel.

Advocate Sumegh Garg LawRato

825 votes

There are Various legal Remedies to deal with it . Rest depends on matter. feel free to Contact for further advice and assistance Thank You Regards Advocate Kuber Hooda Punjab and Haryana High Court Delhi High Court

Advocate Kuber Hooda LawRato

798 votes

helo i am advocate Ajay Godara form Hisar Haryana mana app ki puri detail check kar le ha please case ki puri detail send Kara taki ham app ki puri help kar saka app ki puri help ki jaya ge app hame whtup ya email kar sakta hai

Advocate Ajay K Godara LawRato

775 votes

Hello, firstly I suggest you hire a good lawyer in high court Chandigarh I suggest you best lawyers in high court but In this situation, the appropriate course of action would be to file a petition in high court Chandigarh regarding this matter Taking this step will help ensure

Advocate Azharuddin Chaudhary LawRato

828 votes

The action of the department in withholding gratuity merely on the ground of pendency of disciplinary proceedings is legally unsustainable. The Payment of Gratuity Act, 1972 is a complete code in itself and Section 14 clearly gives it overriding effect over any rule, regulation or executive instruction, including the Haryana Pension Rules. Gratuity can be forfeited or withheld only in the limited circumstances expressly provided under Section 4(6) of the Act, namely where termination is on account of proven misconduct involving moral turpitude, riotous or disorderly conduct, or causing loss to the employer, and that too after conclusion of proceedings and recording of a finding. There is no provision under the Act permitting withholding of gratuity merely because disciplinary proceedings were pending on the date of retirement. It is settled law that gratuity is a statutory right and not a bounty. Rules framed under service jurisprudence cannot override the central enactment. Rule 81(1)(c) of the Haryana Pension Rules, to the extent it authorises withholding of gratuity contrary to the Gratuity Act, cannot prevail. You should immediately submit a written representation to the competent authority demanding release of gratuity with interest under Section 7(3A) of the Act. Simultaneously, you may approach the Controlling Authority under the Payment of Gratuity Act for adjudication. If relief is still denied, a writ petition under Article 226 of the Constitution before the High Court would be maintainable for enforcement of your statutory right and for interest on delayed payment.

Advocate Neha Gupta LawRato