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Employer is not giving Gratuity, commutation after retirement


23-Jun-2023 (In Labour & Service Law)
After retirement my employer hold my Gratuity, commutation & leave encashment due to a court case of corruption pending in Hon'ble high court since 2003.Can I release it.
Answers (3)

Answer #1
585 votes
Are you also facing Departmental action. Is there any Disciplinary Proceeding/s pending against you,continued under rule 9 of the CCS(Pension) rules after retirement?
If not, then yes you may have a case. We can meet and discuss.
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Answer #2
624 votes
Please file an application before the Hon'ble High Court for getting your gratuity, commutation and leave encashment released till the matter is pending. Only the High Court in this situation will be able to decide if you are entitled to the benefits mentioned above as per the facts and circumstances of the corruption case.
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Answer #3
953 votes
You can move an application before Hon'ble High Court in the same case for the release of your gratuity. However for other remuneration you have to wait till the final disposal of the case as there are charges of corruption in against you. Unless you get absolved from the same you are not getting that.
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