AIR Law Lines - Point Extract
(A)
Labour & Service
Service Laws
Pension/retiral Benefits
Non-consideration Of Claim Of Employee For Pension - Validity
— Application made by employee seeking voluntary retirement on medical grounds iss not resignation simpliciter. Employee is entitled to benefit of pension as per dated 20-8-2012 circular. Non-consideration of claim of employee for pension on ground that he had resigned from service is improper.
AIR Law Lines - Point Extract
(A)
Labour & Service
Service Laws
Gratuity
Forfeiture Of Gratuity - Justifiability
— Conviction of terminated employee for commission of offence involving moral turpitude in course of his employment is imperative condition precedent for forfeiting amount of gratuity payable to him. Disciplinary authority had inflicted penalty of dismissal from service to employee. No prosecution was initiated on behalf of employer before jurisdictional criminal court. Employee was not convicted by said court . Forfeiture of gratuity is not justified.
(A)
Labour & Service
Service Laws
Gratuity
Forfeiture Of Gratuity - Justifiability
— Conviction of terminated employee for commission of offence involving moral turpitude in course of his employment is imperative condition precedent for forfeiting amount of gratuity payable to him. Disciplinary authority had inflicted penalty of dismissal from service to employee. No prosecution was initiated on behalf of employer before jurisdictional criminal court. Employee was not convicted by said court . Forfeiture of gratuity is not justified.
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