Gratuity Latest Update: Supreme decision brought about gratuity, big loss can happen if you do so
Gratuity Latest Update:There is big news about gratuity. Supreme Court has said that if there is any kind of dues on an employee, then his Gratuity money can be stopped or confiscated.
Justice Sanjay K. The bench headed by Kaul, while giving the verdict on Saturday, said that there is no restriction on the collection of any employee from the Gratuity to collect the rent including penalty for staying in post-retirement retirement.
No Two certificates
According to the news of our partner site India.com, the latest case is of an order of the Jharkhand High Court, in which the Steel Authority of India Limited (SAIL) tried to recover a fine of Rs 1.95 lakh from an employee. He did not clear his dues and overstayed. The employee remained in an official residence in Bokaro after retiring in 2016.
The court ordered in 2017
The High Court relied on the 2017 order of the apex court and said that SAIL should immediately release the employee’s Gratuity. However, this allowed SAIL to increase the demand for normal fares.
Decision on amount of gratuity
The bench said, if an employee occupies for more than the prescribed time, then the rent can be charged with penalty and if the employee does not pay, then the money can be deducted from the amount of Gratuity.
Supreme Court’s decision
The larger bench also cited the 2005 verdict of the apex court when it upheld the recovery of rent from an employee for illegal occupation of accommodation provided to him by the employer. In this judgment, however, the court accepted that pension benefits like gratuity are not a reward. It was held that the arrears could be recovered from the gratuity without the consent of the employee concerned.
How to calculate gratuity?
How much gratuity will you get? It depends on 2 factors. First, how many years did you serve in the company? Second, based on your last salary. The last salary of every year of service is important. Calculations for 15 days of last salary. Salary also includes basic and dearer allowance.
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