Can Gratuity be withheld or forfeit under Company Act ?

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This query is : Resolved

K.G.Shah

K.G.Shah (Querist)

12 February 2022 Sir, Mr.Ajay after servicing of 32 years was retired as clerk from Public Sector Undertaking on 31St Jan, 2022. His cast is Halba and employed under ST Category . Recently in December, 2021 Govt Mah. had taken decision that Cast Halba is not come under ST Category and no cast benefit be given to his cast Based on govt decision Management had given letter to Mr.Ajay. on 15 the Jan 2022 . Now Management had orally informed that his retirement benefit like Gratuity and Encashment will not be paid to him based on Govt Order.
Whether Company Can withheld or forfeit Gratuity ? As per Company Act it must be disbursed within 30 days and recovery if any due to fraud , damages only be recovered. In this case GOvt had previously given protection and Govt had withdrawn after 30 years service . There is no any fraudulent matter on employee side. What is alternate available with him .? Please guide

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

12 February 2022 Generally, an Assistant Labour Commissioner of a state is appointed as a controlling authority in a state with the hearing taking place in the office of the Labour Commissioner. If you have been denied gratuity payment by your employer, you can file a complaint under Section 8 of the act, against the company.

File case in the court of law.

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