In the matter of Jaswant Singh Gill v. Bharat Cooking Coal Limited and Others [2007 (1) SCC 663], the Supreme Court of India laid down the test for the forfeiture of gratuity. The bench observed that for forfeiting any amount from the gratuity two things are imperative, namely, (i) termination of services for any of the causes enumerated in sub-section (6) of Section 4 of the Act and (ii) pecuniary loss. The courts in India have time and again clarified that gratuity of an employee can be withheld only in case of his dismissal and not otherwise [K.C. Mathew v. Plantation Corporation of Kerala Limited (2000) LIC 1519].

However, Allahabad High Court in one of the recent cases, while dismissing the writ petition of the petitioner employee held that gratuity can be withheld in a case where judicial proceedings are pending on the serious charges against employee. The court in the said case also observed that 'having considered the legal position relating to withholding of gratuity, it is clear that the said exercise of power cannot be mechanical but has to be utilized looking to the nature of offence alleged against the employee'. Thus, it may be concluded that forfeiture of gratuity on account of and during pendency of any judicial proceeding may generally not beheld as lawful exercise of employer's authority. However, the said legal position may vary on a case to case basis depending upon the facts and background attached to the respective case.

So file a writ petition before the high court for directions for employer to release gratuity.

1. it is a settled position in law that mere pendency of criminal case is no ground to withheld the terminal benefits of an employee unless there is an allegations of defalcation of fund and disciplinary authority has deducted the money to offset the loss caused to the employer.

2. if that is not the case in hand then you can approach the Controlling Authority first for the relase of his retiral benefits and then the high court.

3. If you explore the legal remedies the employer would be bound to release his dues for sure.

The disciplinary can be concluded if any criminal charges then same can be concluded and legal heirs can claim the amount

you are the legal Heir of your father. So you can make a claim on the benefits to be given by the department. You should apply for the same with the department as you have got a right for the same.

If the amount of gratuity is not paid by the employer within the prescribed time to the said person, he/she has the right to file a complaint to the Controlling Authority under the Payment of Gratuity Act within the area where the employer’s establishment is situated or where the employee was working at the time of termination. Moreover, the aggrieved person can also approach Labour Courts to get relief and justice.

My father retired karnataka government employee. Expired 2 month back. Authorities with held gratuity amount saying case is pending. It need be closed. Pls suggest

Which case is pending?

Approach the HC and obtain appropriate order from the court.

Regards

hat I need to do to request authority release amount?

Can I ask to hold part of the amount and pay

Write a representation and ask the authorities to release the amount. If they do not do so then approach the HC.

Regards

Relevant service rules etc and the nature of the case pending is required to be perused for a more concrete advise.

Regards

See what kind of case it is? See if a person expired the case will get abated until they bring his legal heirs to the case...!

For further assistance do call me

1) What is case relation with gratuity amount to disburse to family members. Need to know case specifications and its history than we can get in proper direction.

Section 4 (6) of the Act permits an employer to forfeit gratuity payable to an employee in the certain circumstances. As per the said provision:

✓ The gratuity of an employee, whose services have been terminated for any act, willful omission or negligence causing any damage or loss to, or destruction of, property belonging to the employer' shall be forfeited to the extent of the damage or loss so caused;

✓ The gratuity payable to an employee may be wholly or partially forfeited (i) if the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part, or (ii) if the services of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employmen

mere pendency of the criminal or judicial proceedings would not authorize the employer to withhold gratuity.

2) Allahabad High Court while dismissing the writ petition of the petitioner employee held that gratuity can be withheld in a case where judicial proceedings are pending on the serious charges against employee. The court in the said case also observed that ‘having considered the legal position relating to withholding of gratuity, it is clear that the said exercise of power cannot be mechanical but has to be utilized looking to the nature of offence alleged against the employee’

You have not mentioned what is nature of case pending against your father . Kindly furnish the detailed particulars

Please take shelter of Labour Department and file an application before Competent Authority.

Dear Sir,

In rarest of rare cases such thing happen. It seems no enquiry was held against your father. So you are entitled for entire pensionary and termainal benefits. You have to file case in Karnataka Administrative Tribunal. For more guidance please share full particulars and documents in person.

Dear Client,

In employee, expires, is legal heir entitle to it. And if there is some nominee than he/she receive than distribute to legal heirs. Wait few days, still no release, file appeal in KAT.

Without any details how are you going to pursue the issue?

What is the case pending and what steps you have taken to solve the issue?

Have you approached the authorities concerned to know the details and the present status of the pending case?

Procure all the details and revert for more opinions.

What I need to do to request authority release amount?

Can I ask to hold part of the amount and pay

Is your mother living?

She only has to make a representation to the authorities concerned in this regard

She can request the authorities to release the gratuity and other terminal benefits withheld immediately or tell the reason and what steps to be taken to resolve the issue.

If employee expired then what will happen to case

It depends on the nature of the case pending.

You have not given the details of the case so far, hence no opinion can be rendered on vague information.