Forfeiture of gratuity can be imposed to the extent of damages or loss caused by employee.
Jyotirmay Ray vs. The Field General Manager, Punjab National Bank & Ors. 2024 LLR 349; 2024 LLR WEB 23 (S.C.)
Order of controlling authority under the Payment of Gratuity Act awarding the amount to employee of the sub-contractor against the contractor without hearing and deciding the objections of the contractor would not be sustainable. High Court remanded back the matter to decide afresh.
FIS Payment Solutions and Services India Pvt. Ltd. vs. The Assistant Labour Commissioner (Central)-II and Controlling Authority & Ors. 2024 LLR 21 (Cal. H.C.)
When the workman challenges the dismissal order, he is not eligible for payment of gratuity.
Karnataka State Road Transport Corporation vs. The Assistant Labour Commissioner and Ors. 2024 LLR 161 (Kar. H.C.)
Mere transfer between two establishments owned by same management does not result in break in service....